Events

Best Practices for Downstream Risk Transfer

Indemnity provisions and insurance requirements are crucial to avoid disputes about who will pay when accidents happen. More than ever before insurance policies require exacting contract language to trigger coverage for additional insureds. This program will cover best practices for drafting risk transfer provisions in construction contracts.

Schedule

5:30 pm – Drinks
6:00 pm – Business Meeting (including election of officers) and Dinner
7:00 pm – Presentation

What Lawyers Need to Know About Cyber Insurance

Thursday, March 16, 2023 – 5:30 PM – 7:30 PM EDT

Bethany L. Barrese, Saxe Doernberger & Vita, P.C.
Greg Cooke, USI Affinity
Steven Weisman, McCarter & English, LLP
Neil V. Mody, Connel Foley LLP

Program Outline:

• 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

Challenges with Excess Insurance: Bearing the Risk for Excess Judgments and Avoiding Uncovered Losses

Thursday, March 2, 2023 – 4:00 PM – 5:00 PM

K. Alexandra O’Neill, Saxe Doernberger & Vita, P.C.
Christina A. Culver, Thompson Coe Cousins & Irons, LLP
Stella Lane, Markel
Samantha M. Oliveira, Custom House Risk Advisors
A panel discussion of the role of excess insurance, circumstances when an excess insurer participates in a claim, and avoiding excess judgments for non-covered losses. This discussion will also include a discussion of practical tips for an insured to ensure that its carriers are on notice, and how to secure coverage for excess judgments for covered losses.

Are Opening Sessions at Coverage Mediations Dead: Be the Client, Wtiness a Mock Opening, and Decide?

Friday, March 3, 2023 – 10:45 AM – 11:45 AM

Theresa A. Guertin, Saxe Doernberger & Vita, P.C.
Andrew S. Nadolna, JAMS
Allen Burton, O’Melveny & Myers LLP
Megan Watt, Chubb

In this program, we will discuss the decline of the opening session in mediations, ways in which mediators have attempted to make the session more beneficial for lawyers and clients, and whether it is worth the effort.  The program will include a brief mock joint session, with short presentations from the policyholder lawyer and insurer lawyer.  The audiience will be asked for their reactions to create a robust discussion about what works and what doesn’t.

POSTPONED: ABC Wisconsin - The Number One Underinsured Risk Construction Companies Face in 2023

Continued uncertainty this year, especially from the big four – labor, pricing, supply and inflation – has the ability to negatively impact timeliness and budgets of projects, which could lead to an increase in the number of disputes and litigation in 2023. Many contractors, architects and engineers facing a dispute and/or litigation, are finding a blind spot in their risk management program that can have a significant impact on their bottom line.

Join David Slaugenhoup, Vice President of RT Environmental Construction Practice and Will Bennett, Partner at Saxe, Doernberger & Vita, P.C. as they dive into and discuss how professional liability protects contractors and share stories of real life scenarios impacting contractors. You’ll walk away with a fresh perspective on how professional liability protects your company when faced with claims.

Navigating the Challenges of Complex Claims Involving Multiple Coverage Lines

Jeremiah M. Welch, SDV
Russ Johnson, Skanska USA Building Inc
Benjamin Sweeney, Bechtel Global Corporation
Jason Smith, Seyfarth Shaw LLP
Tuesday, January 31, 2023 – 4:10 PM – 5:10 PM EST

Using real claim examples, this session will focus on understanding and addressing the challenges associated with complex claims involving multiple lines of insurance. Experienced risk managers and counsel will impart practical advice about dealing with the competing requirements of different policies, as well as the potential conflict between liability and coverage theories and common exclusions. Ultimately, the session will talk about how to form and execute a sound strategy and manage the process and the people necessary to achieve a successful outcome.

A Survey of Recent Insurance Coverage Decisions Impacting Construction Risk

Jeffrey J. Vita ,SDV
Kenna Plangemann, Suffolk Construction
Wednesday, February 1, 2023 – 9:25 AM – 10:25 AM EST and 10:45 AM – 11:45 AM EST

As insurance plays a critical role in construction-related risk transfer, this program will identify and analyze recent insurance coverage decisions that impact construction risk. Understanding how courts interpret and evaluate various lines of coverage available to contractors will help general contractors and construction managers keep pace with the latest insurance trends. Relatedly, this knowledge will arm contractors with the information necessary to better protect their assets through contract drafting as well as insurance placement.

The discussion will cover key recent decisions and how they might impact general contractors and their day-to-day work. The speakers will provide guidance and strategies to avoid potential insurance coverage gaps to facilitate the successful completion of construction projects.

Catastrophic Events & Insurance Claim Recovery

Tracy Alan Saxe, SDV
Frank Russo, Imperium Consulting Group
Regina Adler, Marsh
Joseph Poliafico, Construction Risk Partners
Maryanne Foster, Barton Malow
Wednesday, February 1, 2023 – 10:45 AM – 11:45 AM EST

Business disasters of all types can cause unprecedented damage, destruction, and delays to construction projects. Contractors must review their contracts and insurance policies — and consider risk management, insurance, and claims strategies — well ahead of a disaster. This session will educate the audience on critical pre-loss planning strategies and how to present loss costs following a catastrophic business disaster effectively. The expert panel representing a large national contractor, claims management, and litigation will present best practices for contractors when preparing for and mitigating the financial and delay impacts of a disaster on a construction project. This will include a discussion of loss mitigation strategies; ways to navigate the complex property, builder’s risk, delay in start-up, business interruption insurance, and FEMA claims; and recommendations for optimizing the presentation of the loss costs for reimbursement.

Thwarting Construction Cyber Attacks

On January 26, 2023, SDV’s Eve-Lynn Gisonni will co-present to an audience at Associated Builders and Contractors of Connecticut (ABC CT) about significant insurance coverage issues associated with thwarting cyberattacks in the construction industry. The ABC Connecticut Smart Start Breakfast Workshop is titled, “Thwarting Construction Cyber Attacks.” It will provide an overview of the current cyber risks facing the construction industry and the insurance coverage available to companies for cyberattacks. The presentation will be followed by an open Q & A session for attendees.

Annual Best Practices Series

Saxe Doernberger & Vita, P.C. is a proud sponsor of Lawyers Collaborative for Diversity’s upcoming Annual Best Practices Series Event on Thursday, January 26 from 5:30 PM – 7:30 PM EST. This event will feature a moderated panel discussion titled, “Creating and Maintaining a Diverse Legal Environment”. Theresa Guertin sits on the Executive Committee of LCD, whose goal is to make Connecticut and Western Massachusetts a prime location for attorneys of color to practice law and gain access to an abundance of satisfying professional opportunities.

This event is an opportunity for attendees to learn about creating and maintaining a diverse legal environment with the Lawyers Collaborative for Diversity (LCD). It will feature a moderated panel discussion and will be held in-person at the offices of Holland & Knight.

Scope of Coverage, Covered Losses, Exclusions, AI Endorsements

Mitigating Construction-Related Disputes; Key Challenges for Claims Under Builders Risk vs. CGL Coverage

Michael V. Pepe, SDV
Patrick J. Wielinski, Cokinos | Young
Christopher Yetka, Larkin Hoffman Daly & Lindgren
January 10, 2023, 1:00pm-2:30pm EST

This CLE course will provide counsel for construction contractors and developers with an analysis of evolving coverage issues in builder’s risk and CGL insurance for construction projects. The panel will discuss how these policies work to mitigate developer and contractor risks, the use of additional insured endorsements, problematic coverage issues, and potential pitfalls for the unwary.

Description
Construction projects are always at risk for economic losses from unanticipated property damage, additional soft costs, and revenue loss that result in unbudgeted costs that can threaten project completion. Builders risk coverage is a crucial risk mitigation measure for building contractors and developers, as is adequate liability coverage through CGL policies and wrap ups.

Counsel to builders and developers must consider are who is covered, what property is covered, what limits and sublimits apply, and when/how coverage applies. Because builders risk policies are not standardized, coverage varies dramatically between insurers. Coverage disputes often arise over the types of costs recoverable, calculation of economic damages, and the coverage exclusions and exceptions.

For liability disputes, CGL coverage must be adequately placed to cover construction risks during the course of construction as well as after. Typical issues include who is covered, the scope of coverage, and exclusions and conditions that apply.

Counsel often must also navigate the interplay between builders risk policies, CGL policies, including wrap policies, and professional liability policies. These issues are influenced by the language of the policies and the parties’ contractual obligations to each other. Attention to the details is necessary to ensure coverage is triggered when necessary.

Listen as our authoritative panel guides you through the characteristics of builders risk and CGL insurance policies and how these policies are used to mitigate developer and contractor risks.

Outline

I.Builders risk policies
A. Contractual requirements
B. Scope of coverage
C. Troublesome exclusions and conditions
D. Common issues and practice pointers
II. CGL policies
A. Scope of coverage
B. Exclusions and exceptions to exclusions
C. Costs recoverable
III. Wrap policies
IV. Additional insured endorsements

Benefits
The panel will review these and other key issues:

• What are the critical challenges for claims under builders risk vs. CGL policies?
• What does a typical builders risk policy cover?
• What are the standard exclusions and exceptions in builders risk policies?
• What occurrences do most CGL policies cover?
• What are the standard exclusions and exceptions in CGL policies?
• Can a general contractor or developer rely upon additional insured coverage to cover its risk exposure?

Litigation of Additional Insured Claims in the Construction Industry

This course will provide counsel for construction companies with guidance on the use of indemnity and insurance provisions in contracts and their role in transferring risk from upstream to downstream parties. The speaker will discuss how and when to make a claim for additional insured coverage and pitfalls that may be encountered along the way, including issues regarding causation, extrinsic evidence, contractual privity, and priority of coverage.

Topics:
1. Risk transfer principles

• Contractual Indemnity
  • Types of Contractual Indemnity Provisions
  • Effect of Anti-Indemnity Statutes
• Additional Insured Coverage
  • Types of contractual insurance provisions
  • Benefits of additional insured coverage

2. Tendering a claim for additional insured coverage

• Where to direct the tender
• What tender should include

3. Common risk transfer pitfalls

• Causation triggers
  • Evolution of causation triggers over time
  • Interpretation of “caused, in whole or in part, by” causation trigger
• Extrinsic evidence
  • Whether extrinsic evidence can be used to establish duty to defend
• Contractual privity
  • Privity language in ISO and manuscript forms
  • Court interpretations of privity language
• Priority of coverage
  • Vertical exhaustion vs. horizontal exhaustion
  • The “follow form” excess misnomer

NJSBA Hot Topics in Construction Law 2022

Join us for an important discussion involving:

• What constitutes proper notice in construction disputes in New Jersey
• An analysis of the recent Supreme Court decision of Crystal Point v. Kinsale Ins. Co. that allowed a condominium association to pursue the insurers of insolvent engineering and inspection firms for judgments entered against these defendants and also a discussion of the application of the Direct Action Statute, N.J.S.A. 17:28-2 to construction defect cases
• The Legislature’s recent codification of Fort Lee Condo Ass’n, Inc. v. 100 Old Palisades, LLC, concerning the statute of limitations for common interest communities to assert construction defect and design defect claims (N.J.S.A. 2A:14-1(c)) and the ramifications of this new legislation
• Analysis of recent caselaw involving the Prompt Payment Act, N.J.S.A. 2A:30A-1
• Does Atalese v. U.S. Legal Servs. Grp. LP apply to commercial contracts between two businesses
• The impact of technology on the lien law

NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 3.0 hours of total CLE credit.

An Introduction to Insurance Law Through a Construction Lens

You Will Learn

• Types of insurance coverage typically afforded under General Liability Insurance policies and Errors & Omissions policies with respect to construction projects
• Issues of Risk Transfer and Indemnification
• Key policy exclusions implicated in construction-related coverage disputes
• The Role of Insurance to Design Professionals in Construction Projects

Runaway Jury Verdicts

Michael V. Pepe, SDV
Michael Coffey, Esq., Coffey Modica O’Meara Capowski LLP
Dec. 6, 3:00 PM – 3:50 PM EST

ExecuSummit producers are in the forefront of construction defect claims and litigation strategies, monitoring & researching emerging issues and trends and bringing this strategic intelligence to you as it is developing.

Our distinguished presenters have pooled their expertise to provide you with the essential construction defect claims and litigation strategies intelligence you need to know.

Register Today! The 5th Annual Construction Defect, Claims & Litigation Strategies Executive Summit will provoke strategic thinking, give you new insight, open new channels of information & provide you with opportunities to meet & exchange ideas with your peers, key industry executives & leaders.