Events

Shielding Your Construction Projects: Mastering Builders' Risk Insurance

September 28, 2023 – 2:00 PM – 3:30 PM EDT

Stacy M. Manobianca, Saxe Doernberger & Vita, P.C.
Joshua Atlas, Kaufman Lynn Construction
Michael Pignataro, Marsh

Topics for discussion in this webinar include:

– Introduction to Builders’ Risk Coverage
– Named Insured
– Interpretation of “All-Risk” Policy Language
– Special Peril
– Understanding the LEG Endorsements
– Faulty Workmanship Exclusion
– Various Other Exclusions (earth movement, concurrent causation, anti-concurrent causation, etc.)
– Proper Claims Handing of Builders Risk Losses
– Hard Costs vs. Soft Costs
– Business Interruption

Stay the Course: Navigating the Nuances of Complex Builders Risk Claims

Thursday, Sept. 28, 2023 – 4:00 PM CST

Tracy Alan Saxe, Saxe Doernberger & Vita, P.C.
Matthew Pandos, Moss and Associates, LLC
Hillary Price, Construction Risk Partners
Clay Corbitt, White Construction

Join our roundtable leaders for a discussion of builder’s risk claims and what they need to be prepared in line with insured, adjuster, and carrier expectations to lead to a fair and expeditious resolution of the claim. Participants will share tips on builder’s risk insuring agreements’ delay in construction schedule and determination; identifying incremental soft costs during the delay; loss of profits due to the delay in opening; that coverage is for properties in the course of construction or renovation; values and risk increase during the course of construction; construction contracts involving multiple parties who may be insureds; and multiple concurrent construction activities that may complicate the adjustment process.

Sink or Swim: Exploring the Impact of Water Damage Losses on General Liability and Builder’s Risk Policies

Thursday, Sept 28, 2023 – 2:30 PM CST

Cheryl L. Kozdrey, Saxe Doernberger & Vita, P.C.
Diana Gerstberger, Arch Insurance Group Inc.
Candace Rhoden, Sedgwick
Toni Tate, Marsh
Chimdi Tuffs, Gfeller Laurie LLP

Water damage can have a significant impact on construction projects, causing unexpected delays, added costs, and disputes between contractors, owners, and insurers. This session will explore the various scenarios that can lead to water damage losses and issues of coverage, indemnification, and other legal issues pertaining to general liability and builder’s risk policies. We’ll also discuss the key policy provisions and exclusions that can affect coverage and common disputes that arise when water damage is discovered during or after construction.

When a Natural Disaster Strikes! Best Practices for Readiness and Response to Fully Recover Through an Insurance Claim

Wednesday, Sept. 13, 2023 – 12:00 PM – 12:20 PM EDT

Tracy Alan Saxe, Saxe Doernberger & Vita, P.C.
Frak Russo, Imperium Consulting Group
Amjad Khadhair, PCL Construction

Since the turn of the millennium, natural disasters have been occurring more frequently and with greater potency, creating a real and heightened financial risk to construction projects of all sizes.

Given that natural disasters can strike at any moment and have the ability to cause unprecedented damage, destruction and delays to construction projects, contractors must carefully review their contracts and insurance policies to be ready to quickly implement recovery strategies and to effective present loss costs following catastrophic natural disasters.

Risk management, insurance and claims strategies related to natural disasters must be well considered ahead of a disaster. These pre-loss activities should happen early and often and should become a part of a contractor’s operations and culture. As the economist Howard Ruff famously commented, ‘It wasn’t raining when Noah built the Ark’.

Equally important are the immediate response activities and strategies after an event that focus on mitigating delays, impacts and cost increases to the project while working to optimize the presentation of the loss for financial recovery.

This panel of experts representing a large National Contractor, claims management, and litigation will present best practices for Contractors when preparing for and mitigating the project financial and delays impacts of a natural disaster. This will include a discussion of loss mitigation strategies; ways to navigate through complex property, builder’s risk, delay in start-up, business interruption insurance and FEMA claims; and recommendations for optimizing presentation of the loss costs for reimbursement.

Indemnity Agreements, Anti-Indemnity Statutes, and Risk Transfer

Tuesday, Sept. 12, 2023 – 9:15 AM – 9:45 AM EDT

Brian J. Clifford, Saxe Doernberger & Vita, P.C.

This session will include a presentation of examples of several states’ anti-indemnity provisions and a regional case study of a coverage dispute. Upstream parties like universities should be able to expect indemnity from those performing operations on their premises. However, agreements to secure this kind of protection must be drafted and implemented within the guideposts of public policy to avoid losing bargained-for protections.

Objectives:
– Gain knowledge of the form and effect of indemnity agreements
– Be exposed to the range of potential anti-indemnity provisions in different states
– Learn from examples of how indemnity provisions can be implemented or fail depending on the context, status of the parties, and implementation
– Develop competencies for working with in-house or outside counsel in addressing contract provisions or situations where indemnity agreements are implicated

Construction A to Z: Insurance and Risk Assessment

Tuesday, August 29, 2023

Gregory D. Podolak, Saxe Doernberger & Vita, P.C.
Sue Ritchie, AMESCO

Knowing which type of insurance is needed for a particular project is very important when assessing risk, budgeting, and complying with the law. To help explain the specialized world of construction insurance, we are joined by an insurance coverage attorney and an in-house risk manager to discuss the types of insurance policies available and what they cover.

Decoding the ISO CGL Form: Mastering the Basics of Commercial General Liability Insurance

Wednesday, August 16, 2023 – 2:00 PM EDT

Will S. Bennett, Saxe Doernberger & Vita, P.C.
Amy Lamb, CR Solutions
The Hard Market
Moderated by: Beau Lunceford and Trevor Casey, CR Solutions

In this exclusive webinar, industry experts break down the complexities of ISO CGL Forms and share strategies to optimize coverage, mitigate risks, and enhance client satisfaction. Discover the essential components of ISO CGL Forms and gain the confidence to navigate insurance policies with ease.

This webinar is designed to provide insurance professionals with a comprehensive understanding of ISO CGL Forms and its impact on insurance policies. Whether you’re an experienced professional or new to the industry, this webinar will equip you with actionable insights and practical tips to enhance your expertise.

Watch to learn:

1. Mastering the Components: Learn about the critical elements of a standard CGL Policy, including the two integral parts – the Insuring Agreement and the exclusions. Understand how these elements shape the coverage provided by the ISO Form.
2. Triggers and Definitions: Dive into the intricacies of how the ISO CGL Form is triggered and applied by understanding key definitions like bodily injury, property damage, occurrence, and incident timelines. Explore the implications of these definitions on policy coverage.
3. Exclusions and Implications: Gain valuable insights into the implications of exclusions on the ISO Form’s application. Delve into real-life exclusion examples and clause interpretations to enhance your understanding of potential coverage limitations.
4. Who is an Insured: Unravel the complexities of classes of insured, including Insureds, Named Insureds, and First Named Insureds. Explore Section II – Who is an Insured, and understand the significance of Additional Insured Endorsements.
5. Expert Insights from Industry Leaders: Benefit from expert insights shared by insurance, legal, and administration professionals. Gain a 360-degree perspective on the ISO CGL Form from these seasoned experts.

The Significant Impact of House Bill 837 and Senate Bill 360 to Risk Managers

Friday, July 28, 2023 – 9:00 AM EDT

Gregory D. Podolak, Saxe Doernberger & Vita, P.C.
Holly A. Rice, Saxe Doernberger & Vita, P.C.

In early 2023, Governor Ron DeSantis signed into law House Bill 837 and Senate Bill 360. These bills significantly impact critical aspects of modern FL Civil litigation and have significant impacts for Risk Managers in Florida. We will discuss key changes for policyholders, recovery of fees fees from certain policies, reduces the statute of repose and more.

Building an Insurer Bad Faith Claim

Jasjeet K. Sahani has partnered with LawPracticeCLE to create an on-demand CLE titled, “Building an Insurer Bad Faith Claim”. This seminar provides a basic primer on insurance bad faith with a focus on New York and Connecticut law. Jasjeet discusses in detail substantive vs. procedural bad faith claims, common law vs. statutory law, and many other topics. The course can be purchased and viewed online here.

Maximizing Builder's Risk Outcomes in Today's Climate

Monday, July 17, 2023 – 2:45 PM – 3:45 PM CDT

Jeffrey J. Vita, Saxe Doernberger & Vita, P.C.
Greg Czarnik, PROLOGIS
Eric Smith, Marsh-McLennan

As contractors and owners face rising costs, supply chain issues, and a short supply of labor, this panel will discuss best practices relating to optimizing builder’s risk outcomes in today’s economic climate.

Learning Objective 1

Comprehend how to approach the builder’s risk insurance placement in a proactive, collaborative manner, and that all stakeholders are gathering the right data that ensures that the right coverage is arranged, at a competitive price point, and is incepted and terminated at the right times.

Learning Objective 2

Learn about important coverage extensions available that can assist in the mitigation of challenges associated with today’s challenging economic climate as well as important coverage restrictions to avoid.

Learning Objective 3

Learn how to assemble and orient the right team before a claim event to efficiently navigate builder’s risk claims, including broker claim advocacy, claim adjuster, claims quantification/preparation consultant, mitigation contractor, building consultant, and coverage counsel.

Learning Objective 4

Understand the faulty workmanship exclusion and how to determine which LEG is right for your project and sufficiently compliant with upstream contract requirements. Know the latest builder’s risk coverage litigation trends and which coverage clauses to avoid.

Learning Objective 5

Develop a toolkit to protect your organization from “course of construction” risk when another project stakeholder is responsible for procuring the builder’s risk coverage. Know your rights as an insured as well as common coverage pitfalls to be mindful of.

Webcast Understanding Cyber Insurance What Every Attorney Should Know

Thursday, June 22, 2023 – 9:00 AM – 11:15 AM EDT

Bethany L. Barrese, Saxe Doernberger & Vita, P.C.

Why do law firms need cyber insurance?

• What types of cyber risks do lawyers face?
• Cyber claim statistics and status of the cyber insurance market
• What’s covered under a cyber policy (and what’s not)
• How cyber insurance ties in with other lines of coverage that law firms would typically have

In a world where new cyber threats emerge day after day, it is so important that every attorney understand the insurance market and how insurers are trying to keep pace with the ever-evolving risk exposures created by the non-stop advancement of technology and the non-stop activities of cyber criminals.

Whether we like it or not, attorneys are not immune to cybersecurity risks. If not properly insured, even a small cybersecurity event can have a significant impact on a law firm’s bottom line. This program will explore the types of cyber risks that lawyers face and how to manage those risks through insurance. The panelists will discuss what’s covered under a cyber policy (and what’s not), how cyber insurance ties in with other lines of coverage that most law firms already have, and how to fill cyber gaps while avoiding mistakes in a law firm’s existing insurance program.

Insurance Issues with Controlling Non-Point Source Pollution

Friday, June 16, 2023 – 11 AM – 11:45 AM EDT

Brian J. Clifford, Saxe Doernberger & Vita, P.C.
John Heft, RT Environmental & Construction Professional

The Bigger They Are, The Harder They Fall – Analysis of New and Emerging Risks in Large Scale Construction Projects

Friday, May 19, 2023 – 9:30 am PST

Cheryl L. Kozdrey, Saxe Doernberger & Vita, P.C.
Cameron Kalunian, Lewis Brisbois Bisgaard & Smith LLP
Ken Kasdan, Kasdan Turner Thomson Booth LLC

Although construction projects come in all shapes and sizes, as a general rule, the largest projects have the greatest risk. Public Works, High Rise Buildings, Stadium, and Hospital projects represent a significant market share of construction today and a disproportionate share of litigated claims. With the involvement of multi-tiered subcontractors, various levels of design professionals, and high dollar value contracts, even the smallest problem in a large scale construction project can result in significant risk to all parties involved – including CGL carriers and sureties. These issues are compounded by the influx of design-build project structures that invoke new risks and overlapping liability between contractors, design professionals, and those with dual roles, triggering a complicated interplay between CGL and professional insurers.

In this session, the presenters will explore the common and emerging risks that are unique to large scale construction projects, analyze liability policy language relevant to adjusting these emerging risks, explore how courts may resolve coverage disputes involving these issues, and discuss proactive strategies for litigating disputes involving these projects – including discussion of the unique aspects of expert discovery and mediation in these types of claims. Finally, through examination of some case studies, the panel will set forth best practices for coverage determinations, adjustment of claims, and litigation (including best practices for expert discovery) in disputes involving large scale construction projects.

Learning Objectives:
– Identification of new and emerging risks either unique to or prevalent in large scale construction projects
– Identification of “hot” coverage issues and recent cases
– Understanding of the unique issues related to large scale Design/Build projects
– Understanding mixed claims and the impact of same on underlying litigation
– Providing strategies for targeted tenders
– Identification and understanding of unique expert issues typical to disputes involving large scale construction projects