Events

Measure Once, Cuss Twice: Navigating the Faulty Workmanship Exclusion to Maximize Builders Risk Recovery (CLE Session)

Tuesday, Jan. 28 – 11:25 AM – 12:25 PM EST

To fully understand the esoteric words language of a builders risk insurance policy, practical learning through real-life experience is often required. And more often than not, builders risk claims involve some consideration of damages that are excluded by the faulty workmanship exclusion versus those that are covered by the ensuing loss exception. For those reasons, this session is designed to provide industry professionals with a practical learning experience of how the faulty workmanship exclusion and ensuing loss exception in builders risk policies function in real life, with easy to implement tips for organizing, documenting, allocating, and submitting losses to carriers to expedite the claims process and maximize recovery. We will take the audience on a journey through the stages of a project impacted by a builders risk claim involving faulty workmanship issues, analyzing the distinction in coverage between costs incurred to fix the faulty work versus repair the ensuing losses caused by an otherwise covered peril, and highlighting common mistakes made in claim preparation which can delay the coverage decision and reduce the overall recovery, ultimately arriving at practical strategies for navigating the claims process based on the panel’s and audience’s real world experiences.

Not the Usual Suspects: The Other Contract Provisions that Impede Risk Transfer (CLE Session)

Tuesday, Jan. 28 – 11:25 AM – 12:25 PM EST – repeat session 4:30 PM – 5:30 PM EST

Contract provisions are an important tool in clarifying risk allocation, specifying or limiting remedies and damages, and triggering insurance coverage. Construction lawyers, insurance brokers, and coverage lawyers can usually rely on strong indemnity agreements and insurance provisions to make sure they are effectively transferring risk downstream and toward insurance policies that were purchased to accepted the risk. But what happens when those other provisions in the contract get in the way? A strong contract provision may be effective in avoiding liability, but it creates a costly dispute about insurance coverage. This session will explore the other common provisions found in construction contracts that can impede effective risk transfer, an exploration of carrier responses, and real-life case example so shape a discussion around best practices.

Who Would Win? OCIP v. CCIP - Breaking Down the Real ROI and Building a Better Strategy (CLE Session)

Tuesday, Jan. 28  – 3:05 PM – 4:05PM EST

This session will tackle one of the major bugaboos in modern construction insurance, where there are strong, divergent opinions between Owners and Contractors: What’s better, OCIPs or CCIPs? Experienced coverage counsel, insurance brokers, and risk managers will explore the critical considerations involved in orchestrating a successful wrap program and the pros and cons of the two models. The discussion will include identifying key insurance and contract terms, orchestrating and managing a team of professionals to place and administer the program, and navigating essential underwriting and claims considerations. It will also offer real-world examples and perspectives. In the end, we’ll reach a definitive answer – one that might be surprising…

Demystifying Construction Coverage Myths

Tuesday, Jan. 28 – 3:05 PM – 4:05 PM EST

Often in construction-related losses, participants (including the project team brokers, and counsel) make certain assumptions about risk transfer and insurance, which ultimately inform the overall strategy in a case. These assumptions are based on some common misconceptions that, unfortunately, can detail the successful resolution of a construction claim as well as undermine a robust insurance program. This presentation will identify the most common myths and explain why they represent a misunderstanding of construction risk and insurance, including:

-Course of construction exclusion on a GL program is acceptable
-Repair Work Endorsements provide valuable coverage
-Removing exclusions J, K, L on a Gl program enhances coverage
-Follow form excess coverage always “follows form” to the underlying terms, conditions, and exclusions
-Contractors building no-design/build projects do not need Professional Liability insurance
-For a given construction claim, contractors can access either GL or PL insurance, but not both

Identifying, Avoiding, Mitigating, and Insuring Environmental Risk in Construction

Wednesday, Jan. 29 – 10:50 AM – 11:50 AM EST

As new property development is focused on the inner city, waterfront properties, and other historic industrial sites, routine contracting practices may yield environmental hazards. These exposures are not restricted to environmental contractors; GCs, CMs, trades, and Owners all have exposure. This session will explore and present how these issues can be identified and properly addressed during due diligence, pre-construction, insurance, and contracting mechanisms.

Builder's Risk: From Disaster to Delay

The Construction Super Conference, now in its 38th year, was developed for mid- to senior-level professionals who work in the legal and commercial construction markets. Educational sessions and panel discussions address timely issues within the legal, business, and economic realms of today’s construction industry.

Participants walk away with information and resources to assist them in meeting today’s challenges. The conference showcases notable in-house and outside construction counselors and consultants who provide expert advice. The program design of the conference allows ample opportunity to network with representatives from leading construction firms and the industry’s top construction attorneys.

This program will help answer questions like:

• How to ensure you’re setting up for a successful insurance claim?
• Difference between Property Damage and Faulty Workmanship
• What is Delay Coverage?

Beware of These Problematic CGL Exclusions

October 28, 2024 – 10:15 AM – 11:30 AM (PST)

Contractors rely on commercial general liability (CGL) insurance for broad protection against third-party bodily injury and property damage claims. Unfortunately, overly broad exclusions can result in significantly less coverage than a contractor expected. In this session, learn what to look for in a variety of exclusionary endorsements, why these exclusions should be avoided, and strategies for removing or modifying each exclusion.

Managing Risk Over the Constructions Life Cycle

Oct. 28, 2024 – 1:30 PM – 2:30 PM, session repeat 3:00 PM – 4:00 PM PST

This session will closely examine the current state of course of construction and completed operations risks and the essential features of an effective risk transfer plan over the construction lifecycle. Learn how to navigate the tricky transition between course of construction and completed operations and ensure alignment in the builders risk and general liability insurance through project completion. Hear real-world strategies for leveraging resources and building an effective plan that will protect the bottom line.

IRMI Bootcamp: Risky Business: Contractual Risk Transfer and Insurance Coverage

October 28, 2024 – 3:00 PM – 4:30 PM (PST)

FOR THOSE NEW TO THE CONSTRUCTION OR INSURANCE INDUSTRIES (LESS THAN 3 YEARS EXPERIENCE).Designed for those with 3 years or less of construction risk management experience, this program offers a unique opportunity to learn from experienced construction risk professionals and develop relationships with leaders in the industry, as well as your peers. You will spend 3 days immersed in learning fundamental concepts in construction operations, risk assessment, contractual risk transfer, safety, construction insurance, and claims. In this interactive curriculum, a team of experienced construction risk management professionals will share their knowledge and provide guidance as you apply what you are learning to real-world exercises and case studies

Artificial Intelligence in the Construction Industry

Oct. 29, 2024 – 8:30 AM – 9:45 AM PST

The artificial intelligence (AI) market is projected to grow by over 30 percent year over year through 2030. Hear how AI is currently used in the construction insurance industry and the benefits and potential problems associated with this evolving technology. From insurers to construction companies and everywhere in between, our panel will evaluate several facets of the impact of AI on insurance coverage, underwriting, and claims, as well as the use of ChatGPT within an organization and the possible risk/benefits of AI.

Snap Talks: Where is my Coverage? A Contractor's Guide to Giving Notice After a Loss

Oct. 29, 2024 – 3:00 PM PST

When a project under construction sustains a loss, contractors are required to give timely notice to insurance carriers. But it’s not always clear which policy applies to a claim. In this talk, learn which policy applies to different types of loss and when it may be necessary to put multiple carriers on notice.

Navigating Potholes in Project-Specific Insurance

Oct. 30, 2024 – 8:30 AM – 9:30 AM PST

Project-specific insurance is frequently utilized to insure builders, general liability, and joint venture risks. Project-specific coverage presents unique challenges for insureds. This session will address these and other issues that can arise in the negotiation, placement, and application of project-specific insurance and offer strategies for mitigating these challenges.

Types of Coverage Typically Available

Oct. 17, 2024 – 10:00 AM – 11:00 AM EST

• Comprehensive General Liability (Historic and Current)
• Employment Practices Liability (EPL)
• Sexual Abuse and Molestation Coverage and Exclusions (SAM)
• Professional Liability including Sexual Misconduct Sublimits
• Hospital Professional Liability (HPL) / Medical Liability and Malpractice (MedMal)
• Directors & Officers (D&O)
• Occurrence based coverage versus occurrence reported or claims made coverage
• What underlying claim allegations and facts inform the type of coverage potentially available
• Defense obligation under different types of coverages and for different types of claims
• Status of the coverage litigation and lost policy issues
• Proving the existence and terms of lost policies

Improving the Strategic Partnerships to Resolve Claims

Sept. 8, 2024 – 9:30 AM – 10:30 AM EST

This informative session will cover:

• Conflicting demands as to claims adjusting and litigation management
• Understand the roles of each party (carrier, defense counsel, broker, insured, coverage counsel)
• How to navigate coverage issues during claims adjustment and litigation processes while preserving business relationships
• Best practices for effectively communicating amongst all parties in a coverage dispute

Deconstructing Individual and Group Disability Insurance for the Financial Planning Professional: A View from a Policyholder's Attorney

Sept. 18, 2024 – 3:30 PM – 4:30 PM EST

Financial Planning professionals often propose disability insurance for inclusion in their clients’ portfolios. Clients often resist the cost of individual disability insurance based on a misapprehension of the value of such coverage or an incorrect belief that group insurance provided by their employer is sufficient. Having the right disability coverage has positively impacted the lives of countless professionals who suddenly lost the ability to pursue their chosen livelihoods. This presentation will assist new and seasoned financial planners in understanding the differences between individual and group disability coverages to better arm them in protecting their clients.

Learning Objectives:
– Identifying and measuring disability risk exposures so the financial planning professional may explain the benefits of disability insurance to his or her clients.
– Describing how to create a plan for meeting individual disability income needs in consideration of existing coverage under employer plans and disability income insurance options.
– Give case-specific examples of the positive impact having the right disability insurance had on insureds.

Wrap Up Policies (OCIP/CCIP/Design Wraps)

3:00 PM – 3:30 PM PST

This session will discuss:

• Wrap Up vs Traditional Insurance
• Owner vs Contractor as sponsor – what to consider in making a decision
• Condo vs Apartment vs other occupancies
• Common coverage disputes under wrap programs
• Claims handling dos and don’ts under wrap programs

Complex Risk Transfer in Agribusiness Claims

Sept. 11, 2024 – 8:00 AM – 9:00 AM CST

This session will walk through a complex, multifaceted claim involving a citrus cooperative and detail how several lines of insurance played a role in achieving a favorable outcome for the insured. It will explore how contractual relationships influence insurance outcomes on specialty lines of agriculture.

Trending Issues in Construction Insurance

Aug. 24, 2024 – 9:00 AM – 10:00 AM PST

This presentation will examine recurring insurance issues that contractors frequently encounter. Participants will learn to identify critical situations in projects and project disputes where knowledge and consideration of important insurance issues can make or break the contractor’s resulting insurance claim.

Various Insurance Products for Construction Projects

July 17, 2024 – 11:00 AM – 12:30 PM EST

Diversity, Equity & Inclusion and its Relation to Insurance Law

July 16, 2024

Practice Tips: Advising Your Construction Law Clients on Current Insurance Law Issues

2:10 pm EST

This presentation will address current insurance law issues facing the construction industry and include discussion regarding exclusions to insurance coverage.