Events

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

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.