Events

Posturing for Plaintiff’s: How to Maximize Insurance Coverage

Monday, June 9 – 11:30AM – 12:30PM EST

Stephanie A. Giagnorio and Kelly A. Johnson, Saxe Doernberger & Vita, P.C.

This webinar will examine insurance considerations for plaintiffs in filing, litigating, and resolving construction liability cases to ensure maximum recovery on any judgment against liable contractor defendants from their carriers.

Climate-Related Property Insurance Claims

Wednesday, May 7 – 11:00 AM – 12:15 PM EST

Eve-Lynn Gisonni, Saxe Doernberger & Vita, P.C.
Drew Howard, Roux
Josh Weisberg, Sterling Risk
John O’Marra, RT New York
Manda Lefton, New York State Department of Environmental Conservation

The End of the World As We Knew It: What is the Role for Government and Private Industry in How Insurance Markets Respond to Extreme Weather Events and A Changing Climate?

Over the past several years, news stories reveal how weather patterns have changed. Atmospheric rivers bring substantial rain events, higher winds cause more damage, and flooding has become more prevalent as storms intensify. Dry conditions and drought can bring significant fires. Hurricane damage and changing sea levels will likely serve to make the problem more intense in various parts of the state.

The Panel discussion will bring together a diverse group with unique experience, expertise and perspective as the focus on the challenges that are being observed and those that are expected in the future. They will address property exposures, claims, loss control, underwriting considerations and proposed legislative involvement.

Insurance Matters: Risky Business and the Future of ADR

April 25, 2025 – 8:00 PM – 9:00 PM EST

Janeen Thomas, Saxe Doernberger & Vita, P.C.
Terrance Evans, Duane Morris, LLP
Kim Keenan, JAMS
Rebekah Ratliff, JAMS

Join the NBA ADR and Insurance Law Sections for the webinar entitled, “Insurance Matters: Risky Business and the Future of ADR.” This informative conversation is focused on the current cancel climate and implications on potential arising conflicts. ADR (mediation) is fast becoming the forum of choice for dispute resolution and trial is the alternative. Don’t miss this explorative “table-talk” style conversation between NBA professionals who stay in the know about what’s next.

Friday, April 4, 2025 – 8AM – 9AM (PST)

Jeremiah M. Welch, Saxe Doernberger & Vita, P.C.
Chris Ives, Fenchurch Law

In this webinar, Chris Ives of Fenchurch Law and Jeremiah Welch of Saxe Doernberger & Vita, P.C. will be discussing the recent UK Court of Appeal decision in Sky UK Ltd and Mace Ltd vs Riverstone Managing Agency & Others and its commercial consequences within the UK, as well as the potential influence the case may have on the US legal landscape. The Court’s decision covers a number of issues relevant to contractors including:

• The recoverability of development/deterioration damage after the period of insurance
• Investigation/mitigation costs
• What constitutes “damage”
• Potential impact on claims and co-insurance.

If you missed the live airing of this webinar, you can view the recorded version here.

Direct Examination: Top 15 Tips in 60 Minutes

Dec. 5, 2024 – 1:15 PM – 2:15 PM EST

Countless hours in building a solid case theme and supporting it with admissible evidence are about to crescendo in the all-or-nothing storytelling contest. Are you ready? In this online seminar, experienced trial attorneys will reveal their hard-won insights and show you how to deliver your side of the case to the decision-makers with clarity, persuasion, and force. Gain the edge with these tried-and-true trial skills – register today!

• Prepare a trial notebook that provides all the documents and info you need at a moment’s notice.
• Learn how to flush out jurors’ true biases and attitudes during voir dire.
• Discover the recipe for opening statements that resonate with jurors.
• Get practical pointers on introducing exhibits and responding to objections.
• Refine your direct and cross-examination skills with tips from veteran trial attorneys.
• Make the most of your last arguments before the jury head into deliberations.

Navigating Additional Insured Coverage for Construction Defect Cases

Nov. 11, 2024 – 11:00 AM – 1:00 PM EST

This presentation will cover the basics of additional insured coverage for construct defect cases, providing a basic overview of what it is, why it’s important, and how defense counsel can lay the best foundation for its clients with an eye on coverage. The presentation is scheduled to be 45 minutes, leaving 15 minutes for questions or additional discussion.

For CLC Members Only

Archer v. Ace and What It Means for the CAR/Builders Risk Market

This webinar was initially broadcast on Sept. 23, 2024 at 7:00 AM PST.

In this webinar, David Pryce will be speaking with Jeremiah Welch of Saxe Doernberger & Vita, the attorney who successfully represented the policyholder in the subsequent case of Archer Western v Ace. In Archer, a second US Court, this time in the Southern District of Florida, again grappled with the questions of what constitutes damage for the purposes of triggering a Builder’s Risk policy, and what the proper meaning of the LEG3 defects exclusion is: both questions which have wider significance for the Builder’s Risk markets in the US and the UK.

A recording of this webinar can be accessed here: https://vimeo.com/1012337123

Who Comes in Second? Vertical and Horizontal Policy Limit Exhaustion

Tracy Alan Saxe and Gunter A. Fernandez, Saxe Doernberger & Vita, P.C.

Agenda:

Risk Transfer Methods

– Upstream Party > Downstream Party:
– Contractual Indemnity
– Insurance

– Coverage Overlap
– Priority of Coverage
– Which Policy Responds Second?

– Priority of Coverage: State by State:
– General: states applying horizonal exhaustion
– General: States applying vertical exhaustion

Horizontal Exhaustion

– What is Horizontal Exhaustion?
– Case Study Example
– Important Notes about Horizontal Exhaustion

Vertical Exhaustion

– What is Vertical Exhaustion?
– Case Study Example
– Important Notes about Vertical Exhaustion

Concluding Remarks

– Horizontal/Vertical Exhaustion Checklist
– Sample Excess Policy Endorsement
– Questions

Bad Faith Litigation: Discovery of Claims Management Goals and Adjuster-Performance Incentives

Aug. 13, 2024 – 1:00 PM – 2:30 PM EST

The panel will consider these and other key issues:

– Is it necessary to seek punitive damages before discovery of financial information is allowed?
– What kind of temporal or geographic limits may be reasonable for these types of requests?
– What are typical requests and objections?
– In what format should the information be produced and who decides that?

A Deep Dive on Wrap-Up Insurance in Construction

June 18, 2024 – 11:00 AM PST

Will S. Bennett, Saxe Doernberger & Vita, P.C.
Joshua Rogove, CR Solutions
Trevor Casey, CR Solutions
Amy Lamb, CR Solutions
Melody Bell, Procor Risk Advisors

Key Learning Outcomes:
– How to determine if your project is a good fit
– Strategies to gain support from owners and developers
– Key benefits and cost savings
– Essential coverages such as general liability and excess liability
– Criteria for managing subcontractor compliance
– Common exclusions, endorsements, and best practices for effective administration
And much more!

Insurance Considerations Related to the Use of Artificial Intelligence

Webinar
May 29, 2024 – 9:00 AM – 12:35 PM EST

Who Comes in Second? Vertical and Horizontal Policy Limit Exhaustion

May 21, 2024 – 1:00 PM – 2:00 PM CST

Tracy Alan Saxe and Kelly A. Johnson, Saxe Doernberger & Vita, P.C.

Learn more about the concepts of vertical and horizontal policy limit exhaustion. When multiple policies are involved, the priority of coverage is relevant to determine whether vertical or horizontal policy limit exhaustion applies, as varied by jurisdictions.