Events

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.

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.

Covering the Cyber Risk: An Overview of Cyber Risk Under Traditional Policies and the Cyber Policy

May 14, 2024 – 11:00 AM – Noon EST

Join this webinar to learn about the exposure presented by the cyber risk; coverage of cyber risks under traditional policies; the types of cyber policies; and advise businesses on why they should be purchasing a cyber policy.

Legal Shields for Risky Deals: Navigating Insurance and Contractual Risk Transfer

Master risk management strategy with Michael V. Pepe and enrich your toolkit with deep insights on the relationship between insurance and contractual risk transfer to ensure your clients are properly protected.

Scope of Coverage, Covered Losses, Exclusions, AI Endorsements

Michael V. Pepe, Saxe Doernberger & Vita, P.C.
Patrick J. Wielinski, Cokinos Young
Christopher Yetka, Larking Hoffman Daly & Lindgren

Construction projects are always at risk for economic losses from unanticipated property damage, additional soft costs, and revenue loss that result in unbudgeted costs that can threaten project completion. Builders risk coverage is a crucial risk mitigation measure for building contractors and developers, as is adequate liability coverage through CGL policies and wrap ups.

Counsel to builders and developers must consider who is covered, what property is covered, what limits and sublimits apply, and when/how coverage applies. Because builders risk policies are not standardized, coverage varies dramatically between insurers. Coverage disputes often arise over the types of costs recoverable, calculation of economic damages, and the coverage exclusions and exceptions.
For liability disputes, CGL coverage must be adequately placed to cover construction risks during the course of construction as well as after. Typical issues include who is covered, the scope of coverage, and exclusions and conditions that apply.

Counsel often must also navigate the interplay between builders risk policies, CGL policies, including wrap policies, and professional liability policies. These issues are influenced by the language of the policies and the parties’ contractual obligations to each other. Attention to the details is necessary to ensure coverage is triggered when necessary.