Events

Construction A to Z: Insurance and Risk Assessment

Tuesday, August 29, 2023

Gregory D. Podolak, Saxe Doernberger & Vita, P.C.
Sue Ritchie, AMESCO

Knowing which type of insurance is needed for a particular project is very important when assessing risk, budgeting, and complying with the law. To help explain the specialized world of construction insurance, we are joined by an insurance coverage attorney and an in-house risk manager to discuss the types of insurance policies available and what they cover.

Decoding the ISO CGL Form: Mastering the Basics of Commercial General Liability Insurance

Wednesday, August 16, 2023 – 2:00 PM EDT

Will S. Bennett, Saxe Doernberger & Vita, P.C.
Amy Lamb, CR Solutions
The Hard Market
Moderated by: Beau Lunceford and Trevor Casey, CR Solutions

In this exclusive webinar, industry experts break down the complexities of ISO CGL Forms and share strategies to optimize coverage, mitigate risks, and enhance client satisfaction. Discover the essential components of ISO CGL Forms and gain the confidence to navigate insurance policies with ease.

This webinar is designed to provide insurance professionals with a comprehensive understanding of ISO CGL Forms and its impact on insurance policies. Whether you’re an experienced professional or new to the industry, this webinar will equip you with actionable insights and practical tips to enhance your expertise.

Watch to learn:

1. Mastering the Components: Learn about the critical elements of a standard CGL Policy, including the two integral parts – the Insuring Agreement and the exclusions. Understand how these elements shape the coverage provided by the ISO Form.
2. Triggers and Definitions: Dive into the intricacies of how the ISO CGL Form is triggered and applied by understanding key definitions like bodily injury, property damage, occurrence, and incident timelines. Explore the implications of these definitions on policy coverage.
3. Exclusions and Implications: Gain valuable insights into the implications of exclusions on the ISO Form’s application. Delve into real-life exclusion examples and clause interpretations to enhance your understanding of potential coverage limitations.
4. Who is an Insured: Unravel the complexities of classes of insured, including Insureds, Named Insureds, and First Named Insureds. Explore Section II – Who is an Insured, and understand the significance of Additional Insured Endorsements.
5. Expert Insights from Industry Leaders: Benefit from expert insights shared by insurance, legal, and administration professionals. Gain a 360-degree perspective on the ISO CGL Form from these seasoned experts.

Building an Insurer Bad Faith Claim

Jasjeet K. Sahani has partnered with LawPracticeCLE to create an on-demand CLE titled, “Building an Insurer Bad Faith Claim”. This seminar provides a basic primer on insurance bad faith with a focus on New York and Connecticut law. Jasjeet discusses in detail substantive vs. procedural bad faith claims, common law vs. statutory law, and many other topics. The course can be purchased and viewed online here.

Webcast Understanding Cyber Insurance What Every Attorney Should Know

Thursday, June 22, 2023 – 9:00 AM – 11:15 AM EDT

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

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

In a world where new cyber threats emerge day after day, it is so important that every attorney understand the insurance market and how insurers are trying to keep pace with the ever-evolving risk exposures created by the non-stop advancement of technology and the non-stop activities of cyber criminals.

Whether we like it or not, attorneys are not immune to cybersecurity risks. If not properly insured, even a small cybersecurity event can have a significant impact on a law firm’s bottom line. This program will explore the types of cyber risks that lawyers face and how to manage those risks through insurance. The panelists will discuss what’s covered under a cyber policy (and what’s not), how cyber insurance ties in with other lines of coverage that most law firms already have, and how to fill cyber gaps while avoiding mistakes in a law firm’s existing insurance program.

Workers' Compensation Liens and Subrogation

David G. Jordan, Saxe Doernberger & Vita, P.C.
Courtney C. Stabnick, Strunk Dodge Aiken Zovas, LLC
Nicole A. Fluckiger, McGann Bartlett & Brown

This seminar will focus on how worker’s compensation liens are handled in civil claims and is perfect for beginning attorneys and more experienced attorneys who want a refresher and who practice in both personal injury claims, civil litigation, and workers’ compensation claims.

Construction Builders Risk and CGL Insurance: Scope of Coverage, Covered Losses, Exclusions, AI Endorsements

April 4, 2023 – 1:00 PM – 2:30 PM EST

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 are 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.

Listen as our authoritative panel guides you through the characteristics of builders risk and CGL insurance policies and how these policies are used to mitigate developer and contractor risks.

POSTPONED: ABC Wisconsin - The Number One Underinsured Risk Construction Companies Face in 2023

Continued uncertainty this year, especially from the big four – labor, pricing, supply and inflation – has the ability to negatively impact timeliness and budgets of projects, which could lead to an increase in the number of disputes and litigation in 2023. Many contractors, architects and engineers facing a dispute and/or litigation, are finding a blind spot in their risk management program that can have a significant impact on their bottom line.

Join David Slaugenhoup, Vice President of RT Environmental Construction Practice and Will Bennett, Partner at Saxe, Doernberger & Vita, P.C. as they dive into and discuss how professional liability protects contractors and share stories of real life scenarios impacting contractors. You’ll walk away with a fresh perspective on how professional liability protects your company when faced with claims.

Scope of Coverage, Covered Losses, Exclusions, AI Endorsements

Mitigating Construction-Related Disputes; Key Challenges for Claims Under Builders Risk vs. CGL Coverage

Michael V. Pepe, SDV
Patrick J. Wielinski, Cokinos | Young
Christopher Yetka, Larkin Hoffman Daly & Lindgren
January 10, 2023, 1:00pm-2:30pm EST

This CLE course will provide counsel for construction contractors and developers with an analysis of evolving coverage issues in builder’s risk and CGL insurance for construction projects. The panel will discuss how these policies work to mitigate developer and contractor risks, the use of additional insured endorsements, problematic coverage issues, and potential pitfalls for the unwary.

Description
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 are 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.

Listen as our authoritative panel guides you through the characteristics of builders risk and CGL insurance policies and how these policies are used to mitigate developer and contractor risks.

Outline

I.Builders risk policies
A. Contractual requirements
B. Scope of coverage
C. Troublesome exclusions and conditions
D. Common issues and practice pointers
II. CGL policies
A. Scope of coverage
B. Exclusions and exceptions to exclusions
C. Costs recoverable
III. Wrap policies
IV. Additional insured endorsements

Benefits
The panel will review these and other key issues:

• What are the critical challenges for claims under builders risk vs. CGL policies?
• What does a typical builders risk policy cover?
• What are the standard exclusions and exceptions in builders risk policies?
• What occurrences do most CGL policies cover?
• What are the standard exclusions and exceptions in CGL policies?
• Can a general contractor or developer rely upon additional insured coverage to cover its risk exposure?

Litigation of Additional Insured Claims in the Construction Industry

This course will provide counsel for construction companies with guidance on the use of indemnity and insurance provisions in contracts and their role in transferring risk from upstream to downstream parties. The speaker will discuss how and when to make a claim for additional insured coverage and pitfalls that may be encountered along the way, including issues regarding causation, extrinsic evidence, contractual privity, and priority of coverage.

Topics:
1. Risk transfer principles

• Contractual Indemnity
  • Types of Contractual Indemnity Provisions
  • Effect of Anti-Indemnity Statutes
• Additional Insured Coverage
  • Types of contractual insurance provisions
  • Benefits of additional insured coverage

2. Tendering a claim for additional insured coverage

• Where to direct the tender
• What tender should include

3. Common risk transfer pitfalls

• Causation triggers
  • Evolution of causation triggers over time
  • Interpretation of “caused, in whole or in part, by” causation trigger
• Extrinsic evidence
  • Whether extrinsic evidence can be used to establish duty to defend
• Contractual privity
  • Privity language in ISO and manuscript forms
  • Court interpretations of privity language
• Priority of coverage
  • Vertical exhaustion vs. horizontal exhaustion
  • The “follow form” excess misnomer

NJSBA Hot Topics in Construction Law 2022

Join us for an important discussion involving:

• What constitutes proper notice in construction disputes in New Jersey
• An analysis of the recent Supreme Court decision of Crystal Point v. Kinsale Ins. Co. that allowed a condominium association to pursue the insurers of insolvent engineering and inspection firms for judgments entered against these defendants and also a discussion of the application of the Direct Action Statute, N.J.S.A. 17:28-2 to construction defect cases
• The Legislature’s recent codification of Fort Lee Condo Ass’n, Inc. v. 100 Old Palisades, LLC, concerning the statute of limitations for common interest communities to assert construction defect and design defect claims (N.J.S.A. 2A:14-1(c)) and the ramifications of this new legislation
• Analysis of recent caselaw involving the Prompt Payment Act, N.J.S.A. 2A:30A-1
• Does Atalese v. U.S. Legal Servs. Grp. LP apply to commercial contracts between two businesses
• The impact of technology on the lien law

NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 3.0 hours of total CLE credit.

An Introduction to Insurance Law Through a Construction Lens

You Will Learn

• Types of insurance coverage typically afforded under General Liability Insurance policies and Errors & Omissions policies with respect to construction projects
• Issues of Risk Transfer and Indemnification
• Key policy exclusions implicated in construction-related coverage disputes
• The Role of Insurance to Design Professionals in Construction Projects

Blanket Claus Risks, Contractual Privity, Coverage Limits

Description

Owners and contractors on construction projects routinely ask downstream contractors and subcontractors to sign contracts wherein the latter agrees to provide the owners and general contractors with additional insured coverage for accidents or damages resulting from the performance of subcontractors’ work on the project. The purpose of that coverage is to transfer the risk to the entity closest to controlling the risk.

An examination of additional insured cases requires some background regarding the duty to defend standard in the state the claim is being presented. What facts an insured or insurer may rely on to trigger coverage or deny coverage varies from state to state regarding facts that are extrinsic, or outside the complaint against the insured. Understanding what can and can’t be used, and for what purpose, is critical.

One recurring issue is whether there is an obligation to defend an additional insured and what connection must be shown between the subcontractor’s operations or work and the claims against the additional insured. This depends on the language of the endorsement, but recent cases have indicated that coverage may be triggered even where there were no allegations by the injured person against the named insured.

Additionally, extrinsic facts may be necessary, and useable in many states, to confirm “insured” status, such as whether a defendant is an “owner” entitled to coverage, or whether it faces liability relating to the work or operations of a particular subcontractor.

Issues surrounding additional insured coverage are constantly being litigated. Because there is such a wide breadth of case law, practitioners are well-advised that there is an increasingly large body of case law applicable to the nature and scope of additional insured coverage, especially in the construction arena.

Listen as our authoritative panel discusses the current state of additional insured litigation, how the allegations within the complaint (and the facts omitted) may affect a defense obligation, and how proximate cause is determined. The panel will address recent decisions in major jurisdictions that may affect future claims.