2020 CLM Construction Conference
- Schedule/Sessions
- Speaker Bios
- Travel/Hotel Accommodations
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Handouts
Session 10a - National - Caution! Ethical Complications with Pre-Litigation Investigation of Construction Claims Download Session 10b - National - Wrap and Roll: How to Make Sure Your Wrap Doesn't Get You Tied Up Download Session 10c - Southeast/Mid-Atlantic - Hot Topics in CD Coverage: Florida and Beyond Download Session 11a - National - Inventive Policyholder and Plaintiff Counsel: How to Deal with Novel Efforts to Create Coverage Download Session 11b - National - King of the Road: The Future of Claims Arising from Design and Construction of Roadways Download Session 11c - National - Risk Transfer for Construction Defect Claims: Minimizing and Allocating Costs of Defense and Indemnity Download Session 1a - National - Do You Mean We are Going to Have to Try This Case? Download Session 1b - National - Weathering the Storm: Evolving Legal Standards in the Era of Climate Change Download Session 1c - South - Texas Construction Project Litigation Issues: What Your Momma Did Not Tell You About Litigating in Texas Download Session 2a - National - Contracting Methods and the Corresponding Risk and Rewards for the Owner, Contractor, or Design Professional Download Session 2b - National - Four Angles on Limiting Risk on Construction Projects Download Session 2c - National - Good Deeds Rewarded! Maximizing Opportunities to Minimize Costs in Complex Construction Claims Download Session 3a - National - How to Maximize Insurance Coverage for Construction Contractors' Growing Risk for Professional Liability Download Session 3b - Northeast - New York Labor Law: Emerging Issues, Pitfalls, and Strategies for Success Download Session 3c - Southeast/Mid-Atlantic - Construction Accident Litigation: Pitfalls, Perils, and Trends in the Southeast Download Session 5a - National - A Perfect Marriage: Resiliency and Insurability Download Session 5b - National - New Building Products and Systems: What You Don't Know Will Hurt You Download Session 5c - National - Supersized: Analyzing and Defending Claims Involving Large Single-Family Homes Download Session 6a - National - Civility and Ethics: Wherefore Art Thou? Download Session 6b - National - Don't Miss the Forest for the Trees Download Session 6c - National - Managing Life and Business During and After a Pandemic Download Session 7a - National - Managing Product Liability Exposure in Construction Litigation Download Session 7b - National - Navigating the Right to Repair Laws: Opportunities for Failures and Strategies for Success Download Session 8a - National - How the Coronavirus Affects Active Construction Projects Download Session 8b - National - TIMBER! Wood Building Construction – Its Pros, Cons, and Claims Download Session 8c - West - Have You Looked at Your Balcony Lately? Download Session 9a - National - Builder's Risk: Navigating the Creative Coverage Argument Download Session 9c - National - Ripping and Tearing Your Way Into Coverage Download - Sponsors
- Event Policies
Schedule/Sessions
2020 CLM Construction Conference
Session 1 - National - Do You Mean We are Going to Have to Try This Case?
- Speakers:
Jeanine Clark, Margolis Edelstein
Amanda Machacek, Kenney Shelton Liptak Nowak
Lisa Reyes, Vela Insurance Services LLC
Philip Salamone, PMA Companies
While construction defect cases can be complex and unwieldy creatures, a vast majority of these resolve by some type of alternative dispute resolution short of trial. However, if you signed on to be a trial lawyer there will be those cases that simply cannot be resolved, or cannot be fully resolved, without at least the start of trial. Sometimes trial through verdict is necessary on at least part of the case. This presentation will include both outside counsels experienced in litigating these cases as well as experienced claim professionals. The group will discuss ways in which to prepare the case and handle the claim to ensure that if the matter does not resolve in the ordinary course, the case is appropriately prepared for trial. Issues include pitfalls of shared experts, unexpected settlements by other parties, witness preparation, and other facets of trial preparation. Trial cases also may present additional or different coverage considerations.
Back to topSession 1 - National - Weathering the Storm: Evolving Legal Standards in the Era of Climate Change
- Speakers:
Dion Cominos, Gordon Rees Scully Mansukhani
Traci Gill, Markel Service, Incorporated
Jason Judovin, Munich Re Specialty Insurance
Andrew Mendelson, Berkley Alliance Managers
This dynamic and highly topical session will explore the ever-changing legal landscape with regard to climate change and examine how design and construction professionals are being held to increasingly higher levels of scrutiny in the advent of more frequent/severe storms, wind events, flooding, rain/snow, earthquakes, and the like. We also will discuss solutions and how clients and insureds can protect themselves in this challenging new era.
Session 1 - South - Texas Construction Project Litigation Issues: What Your Momma Did Not Tell You About Litigating in Texas
- Speakers:
Stephen Melendi, Tollefson Bradley Mitchell & Melendi, LLP
Phyllis Modlin, Markel Service, Incorporated
Cynthia Tarle, Tarle Law
Texas continues to experience a steady rise in the number of construction defect cases and job site injury cases. Insurers, design professionals, contractors, and attorneys attempt to maneuver through the morass of evolving law. The Texas Anti-Indemnity Statute, the Residential Construction Liability Act, and Texas’ lack of formal employment relationships consistently lead to confusion amongst litigants and insurers as to the scope of the party’s duties when defect or injury litigation arises. The effect of the confusion is that the issues and law are often misunderstood or improperly applied by all sides, impeding efforts at resolution and creating the potentiality of adverse outcomes and bad law. Further complicating issues, insurers lack guidance from higher courts on the breadth of the duty to defend and duty to indemnify, while at the same time face new cases that serve to interpret, yet often question, previous understanding of the scope of policy language. Presenters will discuss the issues and offer tips on how to engage in best practices to achieve favorable outcomes.
Session 2 - National - Contracting Methods and the Corresponding Risk and Rewards for the Owner, Contractor, or Design Professional
- Speakers:
Melanie Brown, Munich Re Specialty Insurance
Jorge Cruz, Daniels Rodriguez Berkeley Daniels & Cruz, PA
Donna Hunt, Ironshore Insurance Company
Jannea Rogers, Adams and Reese, LLP
This presentation will provide an overview of available contracting methods and the shift in risk and roles, particularly that of the designer, contractor, and owner depending on whether the project is Design-Bid-Build, Design Build, or Design Assist and will touch on the following topics: what key contractual provisions should be considered by each party depending on the project delivery method; what are the common professional liability exposures of the design team and exposures of the owner depending on project delivery method; identifying whether there is shift or enlargement of “the standard of care”; identifying the risk management tools available to the owner, design professionals, contractor, and design builder; and, how BIM (Building Information Management) has affected the owner, design professionals, contractor, and design builder.
Back to topSession 2 - National - Four Angles on Limiting Risk on Construction Projects
- Speakers:
Elizabeth Henson, FCCI Insurance Group
Hugh Higgins, Self Employed
Paul McCullough, SEA, Ltd.
Alex Stephens, Suffolk Construction Company, Inc.
The four speakers in this discussion will analyze how to limit risk on construction projects beginning with the construction phase through completion and into the warranty and litigation phases. The presenters will address strategies for limiting injuries and construction defects. Topics will include the proactive use of technology and early resolution strategy, including current technology that allows monitoring for injury prevention and how such technology may be used in the future. Further, they will discuss technology being used to limit the occurrence of construction defects and to provide documentation to rebut claims of defect after project completion. There also will be discussion on strategies for affirmative efforts during the warranty and right to repair phases of a project and early claim resolution of cases in litigation.
Session 2 - National - Good Deeds Rewarded! Maximizing Opportunities to Minimize Costs in Complex Construction Claims
- Speakers:
Carolyn Crawford, Nationwide Insurance Company
Valerie Edwards, Luks, Santaniello, Petrillo & Cohen
Elaine Fresch, Hawkins Parnell & Young, LLP
Paul Mason, AXA XL
Picking up on last year’s presentation of No Good Deed Goes Unpunished - What Happens When an AI Tender is Accepted, the presenters will cover practical tips for effective utilization of risk transfer techniques (tenders, third-party claims, contribution actions, joint defense agreements, and defense cost sharing agreements) to minimize defense costs in complex construction claims. The presenters also will cover various types of case management orders, including uniform discovery plans, disclosure plans, and ADR methodologies, that can be used to streamline the discovery and mediation process and minimize outside legal expense and facilitate resolution of complex claims.
Session 3 - National - How to Maximize Insurance Coverage for Construction Contractors' Growing Risk for Professional Liability
- Speakers:
William Noonan, Alliant Insurance Services, Inc.
Gregory D. Podolak, Saxe Doernberger & Vita, P.C.
David Robles, Allied World Assurance Company, Ltd.
George Truitt, Cole, Scott & Kissane, P.A.
More and more contractors are taking on multiple roles in a project. This puts greater liability onto the contractor's Professional Liability Insurance. This panel of experts will discuss the coverage pitfalls and ways to analyze the risk. As a result, insurance professionals will have a better understanding on the coverages their clients will need.
Back to topSession 3 - Northeast - New York Labor Law: Emerging Issues, Pitfalls, and Strategies for Success
- Speakers:
Christine Bernstock, AECOM
Rose Charles, Sompo International Insurance
Michael Coffey, Coffey Modica LLP
This panel of thought leaders will tackle head-on complex issues surrounding New York Labor Law claims, plaintiff strategies for maximizing value, and verdicts with sage practice pointers on how to address difficult claims and resolution strategies.
Session 3 - Southeast/Mid-Atlantic - Construction Accident Litigation: Pitfalls, Perils, and Trends in the Southeast
- Speakers:
Peter Baumberger, Kubicki Draper
Kenneth Bunn, Builders Mutual Insurance Company
Matthew Inman, Allianz Resolution Management
JD Keister, McAngus Goudelock & Courie, LLC (MGC)
Since the Great Recession, new construction has been on the rise, and with it, there has been a significant uptick in construction accidents in many jurisdictions. This interactive session will address trends the panel has experienced in construction accident litigation along with some pitfalls and perils that exist in defending/prosecuting these cases. The discussion will cover the types of accidents that attorneys and claims professionals have been seeing; the theories and themes through which these claims are being prosecuted and defended; and, how issues of indemnity and immunity can affect case strategy and resolution. Outside counsel and adjusters will discuss their experience in defending what appears to be increasing numbers of cases involving serious injuries from worker falls, building/bridge failures/collapses (including the notable FIU bridge collapse in Miami) and from overall defective construction/engineering work. The panel will discuss common tactics seen in discovery and how various themes are being used in these cases across the Southeast Region.
Back to topSession 4 - Premier: The Mediators Speak - Mediating in the Virtual World
- Speakers:
Ken Bloom, Gartner + Bloom PC
Richard Byrne, L'Abbate, Balkan, Colavita & Contini, LLP
Rachel Ehrlich, Judicate-West
Lee Shidlofsky, Shidlofsky Law Firm PLLC
The world as we know it and concomitantly the world of litigation and claims went “virtual” nearly overnight; a fact that is unlikely to change in the foreseeable future, if at all.
Jury trials have ground to a halt and what had been significant nationwide docket backlogs pre pandemic, have now been pushed back to a dateless purgatory in many cases.
These factors as well as those involving expedience and cost savings suggest mediation and other forms of alternate dispute resolution will become not just the preferred path to dispute resolution but likely the path of necessity.
For decades, mediation had been partially virtual with phone and video participation by some parties and claims personnel. Is that process now up to the challenges of almost no in person participation? Can the technology adapt fast enough and satisfy the consumers of dispute resolution services? Is ADR, for better or worse, now the only game in town?
Join top mediators from across the country for a comprehensive discussion about the efficacy and challenges of 100% virtual mediation in today’s world and the world we’ll likely be practicing in tomorrow.
Session 5 - National - A Perfect Marriage: Resiliency and Insurability
- Speakers:
Donna Friis, Walter P Moore
Harry Hoyt, ICAT Catastrophe Insurance
Heather Thomas, Hall & Evans, L.L.C.
James Wood, The Hanover Insurance Group
Bigger, stronger, and more devastating – these three words are often used synonymously to describe the catastrophes of recent memory. Whether the result of a wildfire, tornado, flood, or hurricane, these catastrophes are not a new phenomenon, but rather are getting more intense and more frequent. The design and construction industries are taking notice, as is the insurance world. Adapting to the new normal of weather events and climate change has defined the need for resilient and sustainable construction of tomorrow. Is there negligence with design and construction professionals ignoring warning signs and building to the same standards; or is there a duty to prospective owners in preparing for what is expected and/or anticipated? Acknowledging the necessity for resilient construction is the first step in insurability of new roads, bridges, and buildings. Resilient construction can be designed to weather storm events and survive future, bigger events. The result is insurability of design and construction professionals on such projects coupled with the decreased risk in re-building after every wildfire or hurricane. Disruptive events may not be avoidable, but they can be better prepared for and managed.
Session 5 - National - New Building Products and Systems: What You Don't Know Will Hurt You
- Speakers:
June Bott, Exponent
Michael Christian, AmTrust Insurance Group
William Cornell, Preg O’Donnell & Gillett
Rebecca Fowler, National Claim Services LLC
Jack Levy, GLB, PC
Ready to learn about the risks inherent in untried and inadequately vetted products and systems? The panelists for this session will provide a timeline-based presentation beginning with the process of selecting materials, their installation, and what can happen when things go wrong.
Session 5 - National - Supersized: Analyzing and Defending Claims Involving Large Single-Family Homes
Throughout the nation’s cities, suburbs, and vacation towns the industry has experienced significant growth in the construction of large, multi-million-dollar homes in the past decade. In addition to the practical challenges of building a home with more complicated plans and higher technical demands on builders, such projects present unique challenges to claims representatives and attorneys.
This session will address a wide variety of issues including claims handling considerations, claims investigation considerations, damages considerations and pricing, and litigation strategy. Panelists will include a claims professional, an attorney, an engineer, and a cost expert, each with extensive experience with claims involving large single-family homes.
Session 6 - National - Civility and Ethics: Wherefore Art Thou?
- Speakers:
John Lupfer, Suffolk Construction Company, Inc.
Richard Seely, Kahana Feld, LLP
Sheila Totorp, Great American Custom Insurance Services, Inc.
Courtney Winzeler, Lorber, Greenfield & Olsen, LLP
This session will present an examination of civility among lawyers based on a discussion and analysis of the LaSalle v. Vogel opinion issued in 2019. Presenters will first discuss appellate decisions focusing on the lack of civility among lawyers and proceed into the need for attorneys to be civil towards one another. There also will be a review of both statutes and professional rules of conduct that mandate cooperation in all litigation. Attorneys and carrier representatives will offer insight as to how each level of claim litigation is affected by civility or the lack thereof. Opinions and cases will be discussed as historical benchmarks, but the discussion will include structured remarks and outlines, as well as personal observations, which are not case or fact specific.
Session 6 - National - Don't Miss the Forest for the Trees
- Speakers:
Donna MacConnell, IMA
Julia Manganaro, Navigators, A Brand of The Hartford
Mike Melendez, Kennedys
Wendy Testa, Wilson Elser
A Pyrrhic victory is one that comes with such a devastating toll on the victor that it is tantamount to a defeat. The toll inflicted by such a victory negates any benefit achieved by winning. Claims professionals, especially in the construction defect context, are often faced with “winnable” cases — cases where the underlying claims against the insured are weak or where coverage is questionable. In those situations, a claim professional must keep his or her eye on what matters most for the company and this often requires a balancing act. Should the company insist on trying a weak case against an insured or enter into a settlement? Where coverage is questionable, should the company defend, deny, or bring a declaratory relief action? When and how hard should the company assert a position to establish an important precedent? This presentation will explore various considerations when faced with a “winnable” case.
Session 6 - National - Managing Life and Business During and After a Pandemic
- Speakers:
Robert H. de Flesco, Cole, Scott & Kissane, P.A.
Dan Ducommun, MC Consultants, Inc.
Stephanie Hillman, Vela Insurance Services LLC
Michael Hinojosa, National Claim Services LLC
The unthinkable happened. The world stopped to slow the spread of the coronavirus. During such challenging times, how do law firms continue to meet and exceed client demands? How does the insurance industry do the same? What insurance policies are implicated? What lawsuits emerge? What exactly is the “new normal?” Shaking hands is out, tele-life is in.
Without question, the coronavirus caused our industries to re-think everything. Law firms had to manage an ever-changing judiciary, opposing counsels, and an already-packed schedule of depositions and mediations. The insurance industry may have been ahead of its time. For years, many claims professionals have been working from home. They already had the infrastructure to handle a remote-heavy lifestyle.
Come join us in this exciting presentation to discuss the challenges, solutions, and lessons learned from the coronavirus pandemic.
Session 7 - National - Managing Product Liability Exposure in Construction Litigation
- Speakers:
Kurt Ahlich, ARCCA, Inc.
Brian Eves, Unknown
Brigitte Smith, Wilson Elser
Sam Terzich, GB Specialty (Division of Gallagher Bassett)
Let's talk about managing product liability exposure in construction litigation. The claim that a construction product is defective is quite often made by the Plaintiff(s) in a construction defect action. This claim could be about the windows, the siding, the roof tiles, fire sprinklers, a plumbing fitting, or all of these products. However, the laws that apply regarding products liability are not the same in many respects as the laws that apply to builders and subcontractors. Although sometimes intertwined with faulty workmanship, product manufacturers, suppliers, and distributors have unique exposure created by the strict liability, breach of warranty, and negligent design and manufacturing claims that they face. Join the panelists to discuss the classic battle between an installer and a product manufacturer/supplier. Defense and coverage strategies will be explored.
Session 7 - National - Navigating the Right to Repair Laws: Opportunities for Failures and Strategies for Success
- Speakers:
Lisa Cappelluti, Gordon Rees Scully Mansukhani
Timothy Earl, Fennemore Craig P.C.
Eric Michna, WTW
Dennis Morey, DPR Construction
Jody Smith, JAS Risk Advisors
Laura Sorenson, Johnstone Moyer, Inc.
What are the key aspects for consideration in resolution of pre-litigation disputes in conjunction with presentation of repair solutions for both residential and commercial projects? Also, what happens when there are several types of pre-litigation resolution options for construction claims? Dig in here as panelists address the benefits and challenges of these types of resolution approaches from the contractor, carrier, risk manager, and insurance coverage perspectives including carrier, coverage counsel, and defense counsel tips on handling construction claim issues.
Session 8 - National - How the Coronavirus Affects Active Construction Projects
- Speakers:
Amy Blumenthal, KutakRock L.L.P.
Samantha Gottlieb, DWF Claims
Cynthia Rouse, Old Republic Contractors Insurance Group
Gary Strong, Gfeller Laurie LLP
How does COVID-19 affect active construction projects? The panel will discuss who bears responsibility for delays, insurance-related issues, cancelling contracts, and how doing so would affect subcontractors and/or receipt of material from areas affected by Coronavirus.
Session 8 - National - TIMBER! Wood Building Construction – Its Pros, Cons, and Claims
- Speakers:
Rose Hall, AXA XL
Terence Kadlec, MC Consultants, Inc.
Keegan Petty, J.S. Held LLC
Christopher Teske, Pipes Miles Beckman, LLC
Franklin Turner, Rogers Townsend, LLC
Wood building is increasing in prevalence and complexity, both in commercial and residential markets. Over 44 TALL WOOD buildings are underway in the last six years - and with this boom comes a variety of claims ranging from construction defect to workers compensation to subcontractor default. In this session we will explore the common elements that drive most wood construction claims. We will explore recent trends in wood construction: changes in building code allowances (sometimes conflicting with fire department capabilities); the varying properties of wood; and, prefabricated and pre-engineered assemblies. Are we safe in these taller wood structures? What types of wood-related failures can we expect? Fire, decay, defect, pests, seismic events. We will discuss what has transpired in the past year on this emerging risk, continue to explore trends around how and why these claims arise, how they are managed (and mismanaged), and what the outcomes of these legal disputes can mean for the industry.
Session 8 - West - Have You Looked at Your Balcony Lately?
- Speakers:
Mark Hopkins, Guardian Group
Jason Jurado, BITCO Construction Group
Brian Kahn, Chapman Glucksman
Mark Oertel, Lewis Brisbois Bisgaard & Smith, LLP
There have been a series of notable wood structure collapses around the country, including the collapse of a cantilevered balcony in Berkeley in which six people died. In response California has implemented mandatory inspections for elevated structures for both apartments and condominiums at regular intervals. This presentation will review which structures must be inspected, the scope of the required inspections, how frequently and what must be done post inspection. We also will review who can perform these inspections, requirements of the inspections, and potential liabilities for the inspector.
Session 9 - National - Builder's Risk: Navigating the Creative Coverage Argument
- Speakers:
Bert Dizon, Cardinal Captive Strategies
Dan Gagaris, Envista Forensics
Alicia Kennon, Wood Smith Henning & Berman LLP
Andrew Norris, Chubb
Builders risk insurance policies are viewed as essential protection for construction projects, but they are complex and misunderstood, which can be further complicated by today’s changing litigation landscape. When construction commences, as either ground-up new or renovation of an existing structure, most risk management and insurance professionals presume that the project requires a builder’s risk policy to protect their exposure. Is this assumption correct? It depends on the details. The information necessary for the risk management professional to decide whether the construction exposure needs a builder’s risk insurance policy, or another property policy, that can or does provide same, similar, or better coverage than a builder’s risk insurance policy must be evaluated. The devil is in the details as the correct insurance response to the construction exposure may not be obvious. The risk management professional has to consider the construction exposure from various interests, such as owner, developer, general contractor, and subcontractor(s), to ensure that each has appropriate coverage for its exposures. At the time of a loss, each interested party will creatively look to find a way to trigger coverage.
Session 9 - National - Handling Large Loss GL Construction and the Use of an Accident Recon and Experts
- Speakers:
Keith Bremer, Bremer Whyte Brown & O'Meara, LLP
Louisa Lindberg, Obsidian Insurance Holdings, Inc.
Darrell Whiteley, Lewis Brisbois Bisgaard & Smith, LLP
Together, our panel of experts will address CAT losses and immediate responses. Topics covered in this interactive discussion include: establishing an attorney/client relationship and investigation; assembling the early expert team; considering reaching out to claimant; formulating a theme and attack; controlling costs and expenses; and transferring risk.
Session 9 - National - Ripping and Tearing Your Way Into Coverage
- Speakers:
Carolyn Luken, Nationwide Insurance Company
Phyllis Meier, Amerisure Mutual Insurance Company
Douglas Skelley, Shidlofsky Law Firm PLLC
Robert Witmeyer, Mayer LLP
Hot topic alert: let's discuss the availability of insurance coverage for rip and tear expenses in construction defect cases. Panelists will discuss involving common factual scenarios and how best to approach them to obtain the desired result. Discussion also will include recent cases from around the country that have analyzed insurance coverage for these expenses in different ways. Presenters will address issues yet to be resolved by the courts, including whether rip and tear expenses can be caused by an occurrence and which policy is triggered. Finally, the group will address responses to these decisions by some carriers, including policy endorsements that preclude coverage for rip and tear expenses.
Session 10 - National - Caution! Ethical Complications with Pre-Litigation Investigation of Construction Claims
- Speakers:
Bruce Barnes, Envista Forensics
Tom Fama, Wood Smith Henning & Berman LLP
Phil Scollo, Unknown
Raymond Weisse, Ascot Group
Investigation of construction claims continues to evolve at a lightning fast pace. Ensuring all parties understand the process and recognize ethical rules during the investigation process is critical. Working towards a common goal between the client, insureds, claims professional, attorney, and experts is part of resolving claims at an early stage. What happens when the investigation reveals something that is unfavorable to another party? How do attorneys, clients, and claims professionals draw the line on investigating the evidence while not overstepping boundaries of revealing potentially protected opinions or pieces of evidence? Understanding what can and cannot be done versus what should and should not be done can help capture information in real time to better assist with the investigation of claims process as issues arise and reduce risk for everyone. This presentation engages the audience in an artful discussion about do’s and don’ts of investigation of claims during pre-litigation.
Session 10 - National - Wrap and Roll: How to Make Sure Your Wrap Doesn't Get You Tied Up
- Speakers:
Glenn Dienstag, Aon
Joe Duncan, Clark, May, Price, Lawley, Duncan & Paul LLC
Christopher Grosso, Conner Strong & Buckelew
Russ Patane, Golden, Rothschild, Spagnola, Lundell, Boylan, Garubo & Bell, P.C.
In recent years wrap-up policies, whether in the form of an owner controlled insurance program (OCIP) or contractor controlled insurance program (CCIP), have become a popular insurance product utilized by the construction industry to allow project owners the ability to control insurance costs and maximize liability risk coverage. Yet, with all of the benefits wrap-up policies are designed to afford, if not carefully tailored to meet the specific owner’s and project’s needs, potential pitfalls such as coverage gaps, inadequate limits, unanticipated exclusions, and additional insured/contractual indemnification issues are likely to arise. Here, the presenters will guide attendees to identify potential issues which may be encountered if wrap policies are inadequately negotiated and examine strategies which can be employed to address and/or avoid these pitfalls if they arise.
Session 10 - Southeast/Mid-Atlantic - Hot Topics in CD Coverage: Florida and Beyond
- Speakers:
Paul Amirata, Cranmore (US) Inc.
Mark Boyle, Boyle Leonard & Anderson, PA
Joseph Miele, Kaufman Dolowich LLP
Linda Tonkovich, Arch Insurance Group Inc.
We've assembled insurance company representatives, a policyholder coverage attorney, and a defense coverage attorney to discuss noteworthy law and emerging trends. The conversation will include Florida’s recently enacted defense cost contribution statute; COVID-19 issues; coverage for otherwise non-covered property damage as "rip and tear" costs; coverage for preventative measures; trigger/allocation; and, reserving rights and estoppel. Also included will be the steps necessary to accomplish prompt and efficient claim resolution through mediation or otherwise including strategies against recalcitrant insurers.
Session 11 - National - Inventive Policyholder and Plaintiff Counsel: How to Deal with Novel Efforts to Create Coverage
- Speakers:
Elise Allen, Unknown
Jack Horton, Builders Insurance Group
John Jacks, Self Employed
Linda Monaco, State Auto Insurance Companies
This presentation will address the onslaught of creative policy arguments espoused by policyholder and plaintiff counsel in an effort to make their own rules and create coverage in the ever-changing construction defect litigation arena, as well as provide strategies for responding to these arguments. By way of example, policyholder counsel has recently seized on Montrose language in the insuring agreement to argue that insurers are forced to cover subsequent damage after the expiration of the policy period. Additionally, policyholder and plaintiff counsel have attempted to create multiple occurrences by claiming that negligent construction constitutes one occurrence and negligent misrepresentations/communications in the turnover of the construction project constitute another occurrence, when the damage is plainly a single continuing injury. Oftentimes, these arguments are made with the added threat of bad faith failure to investigate or settle looming in the background. Such arguments flout the language and intent of CGL policies and attempt to skirt established case law. It is incumbent upon coverage counsel to be prepared to counter these creative arguments with reference to historical treatment of policy language, the intent and genesis of the applicable policy language, and, when possible, contrary case law across the country rejecting these creative approaches.
Session 11 - National - King of the Road: The Future of Claims Arising from Design and Construction of Roadways
- Speakers:
TJ Cate, Rimkus Consulting Group, Inc.
Guy Hollingsworth, The Hanover Insurance Group
Glen Mangold, Allianz Commercial
Christie Swiss, Collins + Collins LLP
We rise. We drive. We take for granted the road below. Our rapidly aging interstate highway system of the 1950s and 60s is stretched beyond its original capacity demanding innovative restoration and new construction for the 21st century. Claims arising from the design, construction, and use will rise dramatically as highways are placed at greater structural loads, used as laboratories for autobahns and driver-less vehicles while connecting to older bridges, tunnels, and appurtenant improvements. The risk profile for underwriting and insuring designers, owners, general and subcontractors in this field must stay ahead of the curve. Join the discussion as we peer into the future, avoid the traffic, and get you home in one piece.
Session 11 - National - Risk Transfer for Construction Defect Claims: Minimizing and Allocating Costs of Defense and Indemnity
- Speakers:
Angela Clemente, UFG Insurance
Barbara Laskaris-Lorigan, Golden State Claims Adjusters
Anthony Miscioscia, Post & Schell
Cynthia Ruggerio, Ameritrust
Keith Whitson, Schnader Harrison Segal & Lewis
This session will discuss what steps a claims resolution professional, defense, and coverage counsel should take and how they may work together, to identify risk transfer possibilities and make contractual and additional insured tenders. We also will examine what carriers can and should do in responding to such tenders made to their insureds or to them by putative additional insureds. Finally, we will explore how litigation costs can be contained/minimized through early risk transfer investigations, analysis, and possible mediation — to allocate defense and indemnity amounts among the various involved contractors, subcontractors, and insurers.
No Learning Objectives Available
