Events

Fixing My Project – Tips & Pitfalls Regarding Insurance in the Construction Litigation Case

Friday, April 12, 2024 – 10:20 AM – 11:20 AM CST

The worst possible scenario is finding your client in a construction dispute that could have been covered but was not. Our Panel of insurance experts from varying perspectives – in-house, coverage counsel, and industry – will address the moves savvy counsel should make at the outset of the project and when a claim arises. From how in-house and transactional counsel should set up the project to how outside counsel – both litigation and coverage – can position a claim for resolution, this session will help you turn insurance into a tool to protect your project and learn the best practices so your client can clear the typical obstacles to resolution.

Maximizing Risk Transfer in Complex Construction Defect Claims

Thursday, March 21, 2024 – 8:30 AM – 9:30 AM PST

Will S. Bennett, Saxe Doernberger & Vita, P.C.
Steven Cuneo, C.W. Driver

Complex construction defect claims implicate many facets of construction risk transfer. Between insurance and contractual risk transfer, a contractor can either set itself up for success in global resolution of the defect claims or for protracted litigation. This presentation will give participants practical tips for how to maximize risk transfer in these claim. The audience will learn about the significance of, amongst others, the following facets of construction defect risk transfer:

– When a claim is properly submitted under builders risk vs. general liability policies
– OCIPs vs. CCIPs vs. Traditional Annual Insurance
– How to utilize contractual indemnity rights to influence insurance claims
– The role of the general contractor’s corporate general liability program
– Wrap-up exclusions and their exceptions
– Policy limits demands and associated bad faith implications
– Blue Ridge and Buss reservations

The audience will learn how to avoid issues with each of these and gain a better understanding of how to identify them and address them proactively to leverage better outcomes.

Complex Risk Transfer in Agribusiness Claims

March 12, 2024 – 8:00 AM – 9:00 AM PST

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.

Policy Limits Demands: The Good, the Bad and the Ugly

March 7, 2024 – 2:30 PM – 3:30 PM MST

Kelly A. Johnson, Saxe Doernberger & Vita, P.C.
Jennifer C. Kalvestran, Anderson, McPharlin & Conners, LLP
Amanda K. Anderson, Boyle, Leonard & Anderson, PA
Seth M. Friedman, Lewis Brisbois Bisgaard & Smith, LLP

This panel presentation will focus on emerging issues related to the issuance and response to policy-limits demands, including newly adopted statutes in California and Georgia. That discussion will include the similarities between the two statutes and the intent of these statutes to avoid the bad faith “trap” that typically involves policy-limits demands. Second, certain strategies and tactics will be discussed, from a carrier and policyholder perspective, methods to effectively and efficiently resolve dispute in which a policy limits demand was issued, including the response and negotiation of a policy limits demand, either to address timing issues in responding to the demand, requesting additional information, or negotiating to an amount that may differ from the initial demand, based on settlement value and other factors. Finally, panelists will discuss, from defense counsel perspective, their role in participating, negotiating, and facilitating the resolution of an action against his or her client (the insured), when a policy limits demand is issued to the carrier, and/or when the initial demand is subject to negotiation.

The Interplay Between Builder's Risk and CGL Policies in the Construction Industry

March 8, 2024 – 10:45 AM – 11:45 AM MST

K. Alexandra O’Neill, Saxe Doernberger & Vita, P.C.
Samantha M. Oliveria, Custom House Risk Advisors
Rodrigo Garcia, Thompson Coe Cousins & Irons, LLP
Stella Lane, Markel

Through a discussion of claim examples, the panel will address scenarios involving property damage on construction projects and how builder’s risk and general liability insurance may respond. The panel will address the fundamentals of the insuring agreements, the nuances of triggering coverage, the impact of waiver of claim provisions in construction contracts, and potential exclusions that may leave the project exposed and losses uninsured.

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

March 8, 2024 – 1:05 PM – 2:20 PM MST

Tracy Alan Saxe, Saxe Doernberger & Vita, P.C.
Joe Poliafico, CRP

As new property development is focused on the inner city, waterfront properties, and other historic industrial sites, routine contracting practices may yield environmental hazards and 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.
1. Identification of the specific environmental issues.
2. Insurance coverage types for environmental related losses.
3. Claims mitigation and handling strategies.

GL-Only Wrap Ups: Feasibility, Due Diligence & Coverage

Time & Date: TBD

Tracy Alan Saxe, Saxe Doernberger & Vita, P.C.
Scott Jensen, AmWins Brokerage of Florida
Christopher T. Smith, NFP

Managing Risks and Opportunities: The Impact of Artificial Intelligence (AI) on the Construction Industry

Monday, Jan. 29, 2024 – 4:30 PM – 6:00 PM EST

Bethany L .Barrese, Saxe Doernberger & Vita, P.C.
Joe Poliafico, CSP, Construction Risk Partners
Trent Miskelly, Document Crunch
Emily Short, Baldwin Risk Partners
Shaun Carvalho, Shawmut Construction and Design

As artificial intelligence (AI) continues to weave its way into our daily lives, it’s vital to grasp its implications for the construction industry, particularly in the realm of risk management. Join us for this thought-provoking session, which serves as one of two dynamic kickoff breakouts at the conference.
From insurance carriers to construction companies and everywhere in between, our panel will delve into the transformative potential of AI on insurance coverage, underwriting, and claims processing, as well as the growing use of AI-driven solutions like ChatGPT within an organization and the possible risks/benefits of AI. While AI technology is evolving quickly, this session aims to foster awareness, spark discussions, and anticipate future directions for AI.

Join us for a compelling session to:

Gain a comprehension of AI’s broad-reaching influence on our daily lives and business operations.
Learn how AI is being used by insurance carriers to improve efficiency and risk prediction.
Explore how AI could affect insurance coverages moving forward and the effect it will have on underwriting all lines of coverage as well as look at potential legal issues around cyber coverage.
Discuss the legal implications of AI and how to navigate the opportunities and risks.

Navigating Insurance Coverage for Accident-Related Project Delay

Tuesday, Jan. 30, 2024 – 10:00 AM – 11:00 AM and 4:30 PM – 5:30 PM (repeat) EST

Jeremiah Welch, Saxe Doernberger & Vita, P.C.
Russ Johnson, VP, Skanska USA Building Inc.
Patrick O’Connor, The Walsh Group
Tammy Pike, Kiewit Corporation

The industry is plagued by misunderstandings about insurance coverage for delays. This session will focus on describing and quantifying delay using real scenarios, and then on working through the presentation and coverage for those delays through the lens of builders risk, general liability, and professional liability insurance. We will highlight common disagreements between insurers and insureds, and the panel’s and audience’s experiences with each, ultimately arriving at strategies to facilitate claim payment and avoid insurance disputes.

Join us so you can:

-Develop a consistent understanding and way of describing delay damages for the purposes of an insurance claim (what types of delay are there and how it changes depending on who is making the claim).
-Understand how builder’s risk coverage applies to delay damages (including dispelling myths about how “delay exclusions” apply).
-Learn how general liability insurance applies to delay damages.
-Identify strategies to address common disputes arising out of delay claims.

Essential Issues in Builders Risk: Examining the Critical Modern Strategies That Drive a Successful Product

Tuesday, Jan. 30, 2024 – 11:25 AM – 12:25 PM and 3:05 PM – 4:05 PM (repeat) EST

Gregory D. Podolak, Saxe Doernberger & Vita, P.C.
James Moye, Jr.,  Nielson, Hoover & Company (NHG Specialty)
Andrea Nelson,  Manhattan Construction Company
Alex Stephens,  Stratus Risk Associates

This discussion – featuring legal and risk management veterans – will examine cutting-edge issues and negotiating tactics in program placement and claim adjustment. It will explore all aspects of a successful placement, including navigating hard market conditions, identifying critical language negotiations, anticipating emerging legal strategies that may undermine coverage, and proactively preparing claims to achieve maximum recovery.

Learning Objectives:

-To understand and learn how to anticipate emerging legal strategies aimed at undermining coverage.
-To obtain tactics for earlier and more comprehensive language negotiation designed to reinforce coverage intent.
-To gain a better understanding of market conditions from industry leaders and identify opportunities for creating negotiating.
-To develop best practices for thorough, timely, and cost-effective claim preparation to enhance recovery potential.

Understanding Coverage Nuances Between Builders Risk and CGL Coverage for Damage to the Project

Wednesday, Jan. 31, 2024 – 9:30 AM – 10:30 AM EST

Jeffrey J. Vita, Saxe Doernberger & Vita, P.C.
Regina Adler,  Marsh

In any complex construction claim involving property damage to the project, CGL and Builder’s Risk coverages are typically the initial targets of recovery. Understanding the extent to which these coverages dovetail and whether there are any unexpected coverage gaps is essential for successful risk transfer. In addition, the parties involved will need to coordinate their contract language with the applicable coverages. The timing and cause of damage, whose property is damaged, and how the loss or claim unfolds will directly impact: 1) whether both policies are triggered; 2) whether only one of the coverages is available; or 3) whether neither coverage is triggered due to a coverage gap, exclusion, or other limitation of coverage.

Come to this session to learn how to identify these coverage challenges as well as the potential solutions. The speakers also will identify recent cases that illustrate these concepts. Appreciating these nuances and avoiding coverage gaps is critical to presenting the claim and maximizing coverage.

Triggered: What to Say and When to Wake Up Insurers

Friday, Dec. 1, 2023 – 8:30 AM – 9:45 AM EST

Michael V. Pepe, Saxe Doernberger & Vita, P.C. Issy Bustamante, American Global Jason Hart, A.P. Construction Company

The availability of insurance proceeds is often the difference in being able to resolve a construction dispute. Too often construction managers or general contractors impair their ability to recover insurance proceeds by waiting too long to notify their carriers or missing the opportunity altogether. This session hopes to help demystify, from a CM or GC’s perspective, when, what, and how to tap into available risk management tools for a sample of project-based events. Topics will include coverage for construction defects, accidents, design defects, a fire during construction, water intrusion post-construction completion, a defaulting trade contractor, and disputes which surround them. In addition, the session will touch upon best practices for when an insurance adjuster under-values a claimed loss. We will also discuss when and how to notify subcontractors and other parties of events to best engage their insurance carriers.

IRMI Bootcamp: Building a Firm Foundation in Construction Risk Management

Nov. 13, 2023 – 10:15 AM – 11:00 AM EST

Theresa A. Guertin, Saxe Doernberger & Vita, P.C.
Erika Kilgore, Zachry Construction Corporation
Steve Lokus, Navigators, a Brand of The Hartford
Maria Matamoros, mOrascom Construction, USA, Inc.
William Noonan, Alliant Insurance Services

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.*To ensure beneficial diversity in the group, a maximum of two enrollees per company applies to this program.

Contractual Risk Transfer: Why Getting it Right Matters

Nov. 13, 2023 – 10:15 AM – 11:30 AM EST

Jeremiah M. Welch, Saxe Doernberger & Vita, P.C.
Regina Adler, Marsh
Catherine Damico, Kiewit

In construction, getting the contract right is so important because it controls virtually every aspect of a project. In risk management, insurance and indemnity provisions are the most scrutinized contract provisions because they stipulate responsibility for losses. This session teaches best-in-class insurance and indemnity language for construction contracts and gives real-life examples of how the language operates in claim settings. Speakers will identify typical variations of common language, modifications typically proposed by upstream and downstream parties, and how those modifications change claim outcomes in the real world.

Common Construction Insurance and Contract Coverage Gaps

Nov. 13, 2023 – 1:30 PM – 2:30 PM EST

Will S. Bennett, Saxe Doernberger & Vita, P.C.
Emily Glanz, Cottingham & Butler

A construction risk manager’s worst nightmare is learning about a coverage gap after a loss has occurred. Sometimes the gap is based in the policy language, and sometimes it is a result of how the contract is written. In this session, attendees will learn about some of the most common construction coverage gaps and hear real examples of claims that demonstrate why they are important and how to correct them.

GL-Only Wrap Ups: Feasibility, Due Diligence & Coverage

Nov. 14, 2023 – 8:30 AM – 9:45 AM EST

Tracy Alan Saxe, Saxe Doernberger & Vita, P.C.
Scott Jensen, AmWins Brokerage of Florida
Christopher T. Smith, NFP

General liability (GL)-only wrap-ups are favored by many project owners. When done correctly, the participants of these programs can benefit from both a risk management and insurance perspective. This session will review fundamentals regarding the formation, implementation, and key coverages associated with GL-only wrap-ups, as well as coordination with builders risk, pollution, and professional policies.

Claim or No Claim: A Professional Liability Showdown

Nov. 15, 2023 – 10:00 AM – 11:00 AM EST

Bethany L. Barrese, Saxe Doernberger & Vita, P.C.
Drew Rothman, RT Environmental & Construction Professional
Michael Davis, Zurich North America

A staggering portion of professional liability coverage disputes involve failure to provide notice. This game show-style session will examine the differences between a “claim” and a “circumstance” that may result in a potential future claim under a professional liability policy. Attendees will learn the importance of this distinction along with the factors involved in deciding when to report a claim or a circumstance to their professional liability insurer. Finally, attendees will learn to assess issues related to timely notice and prior knowledge exclusions that can be encountered when reporting claims under professional liability policies.

Common Pitfalls in Commercial Property Claims

Nov. 8, 2023 – 4:00 PM – 7:00 PM PST

Will S. Bennett, Saxe Doernberger & Vita, P.C.

This panel discussion will cover:

• Issues with “OLLE” endorsements and how to avoid them
• Concurrent causation and how to use California law to your advantage
• Understanding coinsurance and how to account for its impacts
• Valuation issues, ACV, and depreciation

Construction Insurance and Bonding

Nov. 2, 2023 – 2:45 PM – 4:00 PM PST

Attendees will learn the typical insurance policies encountered on construction projects and how to plan and evaluate such policies throughout the life of a project. The use of bonds on construction projects will also be explained, as well as common bonds found on projects.

Insurance Law Institute 2023: Demystifying the Duty to Defend

October 24, 2023
9:00 AM – 4:00 PM EST

Bethany L. Barrese, Saxe Doernberger & Vita, P.C.
Julia Talarick, Kinney Lisovicz Reilly & Wolff P.C. (Moderator)
Maida Chinosi, Hinshaw & Culbertson LLP
Kathleen J. Devlin, Weber Gallagher Simpson Stapleton Fires & Newby LLP
Eric Jesse, Lowenstein Sandler LLP
Kimberly M. Parson, Rebar Kelly
Ashley Lauren Turner, McCarter & English
Valerie A. Vladyka, Schenck Price Smith & King LLP

This year’s Insurance Law Institute will focus on an insurer’s duty to defend. Questions that will be explored include:

• When does the insurer have a duty to defend?
• When can an insured recoup defense costs?
• When should an insurer not defend?
• What should a reservation of rights letter contain?
• What happens when an insurer fails to defend?

The panel of NJ insurance law attorneys will address these questions and more as they demystify the duty to defend.

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.