Events

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

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.

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.

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

Weathering the Storm: Insurance Coverage for Natural Disasters

Wednesday, May 17, 2023 – 4:30 PM – 6:00 PM EDT

Sandra Nathans, Law Offices of Wanda Chin Monahan, LLC (Moderator)
Bethany L. Barrese, Saxe Doernberger & Vita, P.C.
Jared T. Greisman, Kennedys Law LLP
Hubert Klein, Eisner Advisory Group, LLC

Natural disasters such as hurricanes, wildfires, and ice storms pose a significant threat not only to health and safety, but also to financial wellbeing. Individuals and businesses alike can suffer catastrophic economic losses as a result of a large-scale natural disaster, and the rise in natural disaster occurrences in recent years has impacted the insurance industry for both policyholders and insurers. While insurance coverage can be a useful tool in recovering from this type of loss, familiarity with the types of policies that may respond – and the potential roadblocks to coverage – is key to managing this resource. This session will discuss insurance coverage considerations for claims stemming from natural disasters, common legal issues that can pose a challenge to full insurance recovery, and best practices for reporting and documenting claims.

Cyber Coverage in an Era of International Sanctions and Cyber Warfare

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

2022 marked the beginning of the first war between developed nations in decades – two nations at the forefront of cyber warfare trends. As western nations doled out sanctions, private industry watched closely, given Russia’s history of using its cyber program to cause serious disruption throughout the private sector for political gain.

The discourse around cyber issues like these is dominated by discussion of a small handful of case law decisions addressing a narrow band of issues, but the reality is, the issues that drive most cyber insurance claims are different issues. This presentation aims to give participants a deeper understanding of those aspects of cyber insurance that actually drive claims. These issues, like the measure of business interruption and coverage for an insureds’ infected physical assets, are issues that are handled dramatically differently from insurer to insurer, but are also ones that can be prevented, with some advance preparation.

Managing Risk Transfer for Construction Project

Wednesday, April 19, 2023 – 6:00 PM – 7:00 PM EDT

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

Indemnity provisions and insurance requirements are crucial to avoid disputes about who will pay when accidents happen. This program will cover best practices for drafting risk transfer provisions in construction contracts, making a claim for additional insured coverage, and avoiding common risk transfer pitfalls.

Do You Think You Have It Covered? Insurance Considerations for Campus Violence

Tuesday, April 11, 2023 – 8:15 AM – 9:15 AM EDT

Bethany L. Barrese, Saxe Doernberger & Vita, P.C.
Ben Evans, University of Pennsylvania
Lucy Straker, Beazley
Justin Peterson, Beazley

Real-life attacks from armed assailants are increasing in frequency across the US. According to Gun Violence Archive in 2022, there was an average of more than one mass shooting per day and already 2023 has broken records for being the most violent start to a year in more than a decade. Higher education institutions can be held liable for claims relating to gun violence and, unfortunately, a standard educator’s E&O / CGL policy often falls short for these claims. Failing to prepare for a worst-case scenario can be detrimental to the safety and well-being of students, staff, and other victims. What’s more, it can be financially devastating to the institution. This presentation will address proactive risk management strategies institutions can employ.

Objectives:

• Understand how to identify red flags with regard to perpetrators of active assailant attacks with the right support/tools
• Learn how higher education institutions may be held liable for sexual assault or gun violence claims under various legal theories
• Understand what is covered by your existing insurance policy prior to a claim and explore how such risks can be addressed in the stand-alone market
• Explore whether there needs to be a reset in attitudes to active assailant coverage versus traditional lines of insurance

Atlantic Builders Convention

The Atlantic Builders Convention is hosted by the New Jersey Builders Association and is the largest industry tradeshow in the Northeast.  Thousands of industry professionals attend the conference and expo each year to learn, network, and develop business opportunities and celebrate the industry.

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