Events

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.

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.

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.

IRMI Boot Camp

Nov. 14th – 16th – 3 Day Program

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.

Managing Complex Builders Risk Claims

Jeffrey J. Vita, Saxe Doernberger & Vita, P.C.
W. Wade Ledbetter, Assistant VP, The Travelers Companies
Donald Naber, Executive VP of Safety, Risk, and Insurance, Gilbane Building Company
Joseph Stella, Managing Director, Imperium Consulting Group
Nov. 14th – 1:30 PM – 2:30 PM PT

Builders risk claims for damage to the project under construction can be very complex. The causation, scope, and timing of damages must be assessed. The relevant trade contracts and the party controlling the claim can also impact claim processing and the ultimate recovery for the claim. This session will identify the pitfalls and recommended strategies for assembling the proper claim team in order to successfully navigate the claims process.

Dissecting the CGL Exclusions for Damage to the Project

Gregory D. Podolak, Saxe Doernberger & Vita, P.C.
Jeffrey D. Masters, Cox, Castle & Nicholson LLP
Nov. 15th – 10:15AM – 11:15AM

This session will address the intricacies of standard CGL Exclusions J (damage to property), L (property damage to your work), and M (damage to impaired property or property not physically injured). It will involve discussion of these issues from the owner’s, contractor’s, and insurer’s perspectives and a review of recent and important case decisions from around the country.

Trading in Risk: Navigating Increased Professional Exposures in the Trades

Michael V. Pepe, Saxe Doernberger & Vita, P.C.
Joseph Reynolds, Assistant VP, RT New Day
Ed Sheiffele, Sr VP, Berkley Construction Professional
Nov. 16th – 8:30 AM – 8:30 AM PT

With design-build construction increasing every year, design responsibility becomes more fragmented, leading to trade contractors performing and delegating more design work. This panel discussion will guide trade contractors through the potential exposures of self-performing and delegating professional services and guide general contractors through ensuring their subcontractors appropriately address their design risk. You will learn about the exposures, coverage available, and best practices for contracting, and claims reporting and handling.

Builder Risk

Course Objectives:

• Review of Current Risk and Insurance Trends in CRE
• Optimizing Builder’s Risk Outcomes
• Enhancing the Relationship Between Property Managers and Risk Managers

Insurance Coverage

This meeting will provide CLE on a broad range of insurance coverage topics for risk managers, coverage attorneys, insurance industry professionals, and outside counsel.

Who's Coverage Is It Anyway?

Tracy Alan Saxe, Esq., President, Saxe Doernberger & Vita, P.C.
Kristen Drake, Managing Director, PolicyFind
Elizabeth Hanke, Senior Managing Director, KCIC
Dan M. Schiavetta, Jr., Esq., Russo & Gould LLP

• Identification of entities and appliable coverage
• Who is an insured under the policy? Definition of insured, additional insured and jointly administered or “contract” programs
• Who’s most liable between the insureds? Valuation of claims and liability share for each named insured
• What if one defendant found insurance and one did not? Joint and several liabilities; of the underlying claim between defendants and of the insurance claim between policyholders and carriers.
• Direct action states; when can a survivor go directly after insurance?
• Allocation of claims between years and coverage; cost-sharing agreements between insureds and insurers?
• What if one insured is in bankruptcy and the other is not?
• Proving policy evidence and terms; how insurance archeology can provide a funding mechanism in latent sexual abuse injury matters

Not My Means and Methods: The History and Future of the Privette Doctrine

Cheryl L. Kozdrey, SDV
Bert Dizon, Gallagher Bassett Services, Inc.
Michael Larin, Lynberg & Watkins
Rodrick Reed, Arch Insurance Group Inc.
September 22, 2022 at 10:45 AM

With the Privette Doctrine, the principle established by the California Supreme Court is the “strong presumption of delegation rooted in the rationale that landowners usually have no right to control an independent contractor’s work, contractors consider the cost of safety precautions and insurance in their contract…” However, California courts have created exceptions to the rule, specifically with the Hooker and Kinsman exceptions. The Hooker exception focuses on the principles of retained control over the contractor’s work; and the Kinsman exception deals with whether the landowner knew or should have known of a concealed hazard on the property and the ramifications of that knowledge if not communicated to the contractors. There have been two recent decisions in the last 6 months regarding the Privette Doctrine and the exceptions to the rule. This presentation looks at the history and recent decisions affecting the Privette doctrine and all of the coverage issues, including additional insured, joint defense agreements, and assignment of counsel.

The Alternative to Alternative Dispute Resolution: Arbitration in Construction Matters and Beyond

Michael Pepe, SDV
Matthew Adler, AXA XL
Michael Coffey, Coffey Modica O’Meara Capowski LLP
David Hess, National Claim Services Inc.
James Mason, ARCCA, Inc.
September 22, 2022 4:00 PM

Unfortunately, many construction projects end in dispute and the parties frequently find themselves in the middle of uncharted territory—arbitration! Join us as we explore the pitfalls, debunk the myths, and discuss the benefits of arbitration in construction disputes.

Maximizing Builder's Risk Claim Outcomes in Today's Challenging Climate

Jeffrey J. Vita, SDV, Vincent Zegers, Managing Director at Marsh, Jeff Hellman, Senior Vice President at McLarens, Chad Zielinski, Vice President at Halliwell Engineering Associates
Thursday, July 28th, 2022  9:00 A.M.–10:30 A.M.

The panel of experts will detail strategies that will enable you to successfully navigate a claim within a challenging economic climate, including assembling the right team, mitigating the effects of Supply Chain challenges, and harnessing the full policy terms and conditions.