Schedule/Agenda

First Timer Event

New to the CLM Construction Conference? Welcome! We know you’re READY, now we’ll help you get SET to have the best possible experience. Join us before the conference excitement gets underway for networking tips, a veteran attendee guide to the “can’t miss” activities, how to make the most of the conference…and maybe even make new friends to pal around with at the networking events.

Speakers

• Mary-Ellen King, Lucosky Brookman LLP

Welcome Reception

Kick off your conference experience as we gather for cocktails. Meet up with old friends and make some new connections over drinks and hors d'oeuvres.

Breakfast

Premier Session

Insights From Claims Leaders: Sharing Perspectives on the Evolving Landscape of Claims Management in Construction Litigation

Industry CCOs and Senior Leaders will talk about the issues, challenges, and goals they face and how it ultimately impacts and translates at the claims desk level. Topics include expectations for defense counsel and vendors handling complex construction issues. Specific focus will be given to top-of-mind issues including problem jurisdictions, the new generation of jurors, nuclear verdicts, social inflation, litigation metrics, new products, emerging theories of liability, and more. In addition, this panel will discuss frequency and severity and the correlation to ever-changing economic issues, in terms of the impact of inflation, recession, commercial market challenges and how it relates to construction claims.  Panelists will set the stage for the entire conference, diving into hot issues in construction litigation and challenges that keep CCOs awake at night, together with collaborative solutions those handling complex claims can implement.  

Speakers

• Larry Beemer, Suite 200 Solutions
• Krista Glenn, Westfield Specialty
• Michael Hinojosa, National Claim Services LLC
• Dan Ducommun, MC Consultants, Inc.
• Robin Kahn, Chubb
• Carolyn Crawford, Nationwide Insurance Company
• Pat Nails, Arch Insurance Group Inc.

BreakSeptember 28, 2023 10:15 AM - 10:45 AM

Session 1

The ABCs of Additional Insureds in the Context of Construction Disputes

Roundtable panelists will discuss the standard ISO endorsements and language in the commercial general liability coverage form as to additional insureds (AI), along with the tender of defense and/or indemnity of purported AI, including the pursuit of AI status among carriers and the risks versus the benefits of accepting or denying an AI tender. 

Speakers

• Heather Connor, McAngus Goudelock & Courie, LLC (MGC)
• Miles Moody, Westfield Insurance
• Jennifer Welch, Cranfill Sumner LLP
• Jeff Lenhart, Builders Mutual Insurance Company

Session 1

The Artificially Intelligent Eagle Has Landed: Welcome It!

Powerful artificial intelligence (AI) technology already impacts our daily lives and since construction projects generate enormous amounts of data, AI technology has the potential to be a helpful tool in managing construction projects and can be helpful in understanding and addressing claims. AI technology has the potential to assist in design development, creation of project scope documentation, and code compliance. On the claims side, ChatGPT applications could be helpful in drafting document templates for documents and for educational purposes, such as gaining a basic understanding of engineering or architecture concepts that could be important in claims handling. Participants can get ahead of the game by exploring and understanding the usage of AI in the construction industry and in connection with construction claims. 

Speakers

• Kenneth McLellan, Wilson Elser
• Peter Fogarty, Everest
• Michelle Grimaldi, Fair American Insurance and Reinsurance Company

Session 1

Mediating Construction Defect Cases: Tips and Tricks for Achieving Favorable Resolution

An experienced construction case mediator, a civil/structural engineer, a subrogation attorney, and a defense attorney join forces to provide insight into preparing for and participating in mediation of construction defect cases. As demonstrated through a hypothetical case, the panel will discuss best practices and various opinions of what works, and what doesn’t. This will interactive presentation—where audience participation is encouraged—will discuss the pros and cons of Zoom mediation, how to prepare an effective mediation presentation, pre-mediation case preparation, and negotiation tactics. 

Speakers

• Steve Halbeisen, Cozen O’Connor
• William Moye, Thompson, Coe, Cousins & Irons LLP
• Justin Kestner, Haag, A Salas O'Brien Company
• Lee Shidlofsky, Shidlofsky Law Firm PLLC

Session 1

Virtual Reality: Are Virtual and Hybrid Mediations Here to Stay?

An analysis of a post-pandemic, “return to normal” world where virtual and hybrid mediations are both mainstays in construction defect cases. The panel will explore the positives and negatives of continuing in this virtual mediation environment in for construction defect cases.

Speakers

• Glenn Barger, ADR Services - Barger
• Anthony Gaeta, Collinsworth, Specht, Calkins & Giampaoli LLP
• Jason Feld, Kahana Feld, LLP
• Lorraine Merritt, Skyward Specialty Insurance
• Bob Friedenberg, ADR Services - Friedenberg
• Mindy Armstrong, Allianz Reinsurance America, Inc. (AZRA)

Session 1

Breaking Down New York Labor Law: Strategies for Successful Resolution

The recent surge in construction site accidents in New York has created a unique challenge for professionals dealing with labor law claims. Increasingly difficult to navigate, with heightened plaintiff expectations and an upswing in reptilian legal strategies—the post-pandemic trial climate has only exacerbated the backlog in the courts, leading to inflated demands and the threat of nuclear or runaway verdicts. This defense-originated panel will look at the challenges facing contractors, claim professionals, and counsel when dealing with construction site accidents in New York, providing invaluable insights into the most complex allegations and offering practical pointers to help resolve these claims effectively. Panelists will also delve into recent changes to labor laws in New York and how they may impact the insurance, construction, and legal community. This presentation is essential for contractors, claim professionals, and lawyers who deal with NY Labor Law claims and wish to stay ahead of the curve in this rapidly evolving legal landscape. 

Speakers

• Tracy Abatemarco, Wood Smith Henning & Berman LLP
• Regina Adler, Marsh
• David Hess, National Claim Services LLC
• John Kyle, Coaction Specialty Management Company

Session 1

On Trend: Hot Topics for Claims Professionals

This collaborative session will explore emerging issues and hot topics facing claims professionals, insurers, and contractors and the potential impact for their personal and professional lives. Together we’ll tackle the insurance trends affecting the construction industry throughout the country, including the practical application of new laws taking effect in 2023. In this roundtable format, the audience will be invited to share their insights, tips, ideas, and solutions to help all claims professionals. 

Speakers

• Henrietta Hinojosa, National Claim Services LLC
• Kristina Ashcraft, MC Consultants, Inc.
• Paul Mason, AXA XL
• Robert H. de Flesco, Cole, Scott & Kissane, P.A.

Lunch

Session 2

Windows and Doors: Are They the Next Chinese Drywall for the Construction Industry?

In addition to the rising trend in the number of construction defect claims for windows and doors, the value of the claims, as well as the type of claims, have also increased with heavily litigated states like Florida, Texas, California and New York leading the way. Improper installation of windows and doors is one of the leading sources of building performance failures that lead to construction defect litigation, with high-performance windows and doors making the claims even more complex. This panel will take a deep dive into these claims and associated allegations with a viewpoint of litigation, adjusting, and engineering. 

Speakers

• Denise Anderson, Butler Weihmuller Katz Craig LLP
• Wendy Testa, Wilson Elser
• Laura Huffman, Engle Martin
• Donna Friis, Walter P Moore

Session 2

All Hands on Deck: Defect or No Defect? That Is the Question

This hands-on, interactive session with a gameshow spin will have attendees handling raw materials, exemplar mock-ups (including building envelope, roofing, waterproofing, and more), and assessing pre-assembled mock-ups for defects. During the session, questions will be posed with immediate answer and discussion, including: (1) defect or not; (2) if a defect, is it covered under the policy [damage to your work vs. damage caused by your work]; (3) if a defect, is it recoverable [i.e., technical code violations absent damage are not “defects” in Colorado]; etc. The answers and the explanations behind them will guide the discussion and attendees will be inherently engaged and equally challenged with this unique follow-up to our 2022 “Dirty Jobs” concrete session.

Speakers

• Terence Kadlec, MC Consultants, Inc.
• Maren Mooney, Turner Surety and Insurance Brokerage, Inc.
• William Tierney, Network Adjusters, Inc.
• Ryan Hicks, Wood Smith Henning & Berman LLP

Session 2

Rocky Mountain High: Colorado’s Hot Construction Defect Market

Colorado’s population has been rising, the real estate market has remained hot, and by extension the construction defect market hasn’t slowed. With both a plaintiff-friendly legislature and established defect laws in place, contractors continue to be plagued with construction defect litigation and insurance carriers are combatting litigation costs through higher premiums or exiting the marketplace completely. All this has not gone unnoticed and for the first time in six years, proposed legislature changes are being raised to swing the pendulum back. This panel will explore current state of claims and litigation and look to what is next in this hot construction defect market. 

Speakers

• David McLain, Higgins, Hopkins, McLain & Roswell, LLC
• Susan Bryan, Markel Service, Incorporated
• Robert Lapidow, Overturf McGath & Hull, P.C.
• Dr. Kyle Wieghaus, MC Consultants, Inc.

Session 2

Tell Me What You Want (What You Really, Really Want): Settlement vs. Trial

This "choose your own adventure"-style panel discussion with top claims professionals and full audience participation will explore a cost benefit analysis of pursuing early settlement versus pressing towards trial and the related techniques to get you there. Cases studies will be posed to the panel and audience using real budget numbers, the time to get to settlement, and the ultimate settlement amount. Panelists will provide insights on what matters to them as they assess the case, consider potential curveballs, and address tips on how to implement your settlement goals.

Speakers

• Vadim Veksler, Selective Insurance Company of America
• Laura Paton, Gordon Rees Scully Mansukhani
• Bert Dizon, Cardinal Captive Strategies
• Amy Welborn, Gordon Rees Scully Mansukhani

Session 2

Package Deal: Insights on Coverage and Strategy for Consolidated Lien, Delay, and Construction Defect Claims

Explore the type of damages being claimed with consolidated lien, delay, and construction defect claims and the best practices for addressing them. This session will also look at insurance coverage issues that arise, the defense strategies best used for those coverage challenges, and the claims of the owner. Attendees will come away with an understanding of the best case management and mediation strategies to overcome impediments to the successful resolution/mediation of the consolidated claims.

Speakers

• Karen Rice, Proactive
• Mark Gothold, McCarthy Building Companies, Inc.
• Elaine Fresch, Hawkins Parnell & Young, LLP
• Keith Koeller, JAMS - Koeller

Session 2

No Escaping Artificial Intelligence: Emerging Issues for Contractors, Carriers, Lawyers

With the construction industry already in the crosshairs for the rapid adoption of artificial intelligence (AI), this session will talk about how and where AI is being adopted and the associated perils, pitfalls, and obstacles to be cognizant of as this technology is affecting every step in the life of a construction claim. This panel provides for different points of view for those handling construction claims, including the perspective of a builder who is adopting AI, a claims professional handling construction matters, a lawyer handling all aspects of construction claims through trial, and a nationally renowned jury consultant seeing AI implementation in jury selection and utilization during trial. 

Speakers

• David Zehner, Zehner Trial Consulting
• Phyllis Modlin, Markel Service, Incorporated
• Stephen Henning, Wood Smith Henning & Berman LLP
• Jay Sever, Phelps Dunbar

BreakSeptember 28, 2023 02:00 PM - 02:30 PM

Session 3

How the Turbulent Economy is Creating Challenges in Construction and Related Claims

Next year expects to see challenges in the housing market, construction industry, and resultant claims; with problems potentially stemming from increasing costs of capital, rising labor and material costs, slowing demand from consumers with decreasing purchasing power, and fears of a looming recession as cities continue to recover from the pandemic. Additionally, natural catastrophes and nuclear verdicts have brought decreased capacity—particularly in California and Florida—and difficulties in obtaining coverage. Will the anticipated industry slowdown result in fewer claims? Time will tell. This roundtable of a builder, an attorney, a claims adjuster and broker will discuss what to expect for 2024 construction claims. 

Speakers

• Lee Wright, Tokio Marine HCC
• Tom Fama, Wood Smith Henning & Berman LLP
• Ryan Pitterson, Turner Surety and Insurance Brokerage, Inc.
• Matt Kovacs, Aon

Session 3

A Brave New World: Liability and Risk in 3D Printed Construction

The plethora of construction-related variables and often difficult to harmonize requirements often lead to disputes and litigation. 3D printed construction has the potential to make meeting the wants and needs of the construction industry easier to achieve with greater precision and fewer errors. But nothing is perfect and new technologies can bring new failures to consider: What happens when 3D printed construction fails to deliver? Is it a construction defect or a product liability? Does the fault lie with the contractor, the designer, the manufacturer, or maybe the software engineer that programmed the printer? This panel will explore the challenges facing insurance, legal, and forensic experts navigating this new technology, including questions of evaluation of claims, coverage, and risk management in the new world of 3D printed construction.

Speakers

• Danette Beck, USI Insurance Services
• Catherine Naltsas, Lynberg & Watkins
• Andy Guerra, Charles Taylor Adjusting & Technical Services
• Elisabeth (Beth) Morris, Van De Poel, Levy, Thomas LLP

Session 3

Cover Your Bases: Construction Project Insurance

This session will discuss the potential coverages (including builders risk, surety or subcontractor default insurance, and comprehensive general liability) and construction project coverage limitations, and steps to take to determine coverage availability. This panel consists of a claims professional outside counsel and an insurance underwriter who will discuss the coverage packages that are available and may exist on a project including WRAP policies, owner- and contractor-controlled insurance policies.

Speakers

• John Andrews, Paragon Insurance Holdings
• Mark Oertel, Lewis Brisbois Bisgaard & Smith, LLP
• Michael Saba, Guardian Group
• J. Mayer, Network Adjusters, Inc.

Session 3

Risky Business: Contractual Risk Transfer in the Construction Arena

Enormous amounts of time and money are spent on risk transfer between and among parties and their insurers. Becoming familiar with the issues surrounding risk transfer will assist in earlier and less costly resolution. This roundtable will guide participants through allocation of construction risks, insurance coverage, contractual indemnity, and solving risk transfer.

Speakers

• Cathie McGrath, Alliant Insurance Services, Inc.
• Peter Samaan, Westermann Sheehy Samaan & Gillespie, LLP
• Caitlin McPhillips, Berkley Construction Solutions
• Jamie Brody Johnson, Westermann Sheehy Samaan & Gillespie, LLP

Session 3

Sink or Swim: Exploring the Impact of Water Damage Losses on General Liability and Builder’s Risk Policies

Water damage can have a significant impact on construction projects, causing unexpected delays, added costs, and disputes between contractors, owners, and insurers. This session will explore the various scenarios that can lead to water damage losses and issues of coverage, indemnification, and other legal issues pertaining to general liability and builder’s risk policies. We’ll also discuss the key policy provisions and exclusions that can affect coverage and common disputes that arise when water damage is discovered during or after construction. 

Speakers

• Diana Gerstberger, Arch Insurance Group Inc.
• Toni Tate, Marsh
• Cheryl Kozdrey, Saxe Doernberger & Vita, P.C.
• Chimdi Tuffs, Gfeller Laurie LLP
• Candace Rhoden, Sedgwick

Session 3

The Ins and Outs of Design-Build Claims

Utilizing a single design-build entity ideally leads to lower overall costs and faster delivery times but it can also lead to less internal paperwork and the potential for risk transfer and liability issues for subcontractors within the design-build umbrella (including the design or engineering professionals). Proper internal documents are critical to define responsibilities of all parties and this panel will walk through case studies with emphasis on risk transfer, showing the good, the bad, and the ugly from the perspectives of experts, attorneys, and claims professionals.

Speakers

• Matt Adler, AXA XL
• Nick Sansone, Donnelly, Petrycki and Sansone PC
• Nicholas Goanos, Butler Weihmuller Katz Craig LLP
• John Hall, Engle Martin
• Alan Mullenix, Envista Forensics

BreakSeptember 28, 2023 03:30 PM - 04:00 PM

Session 4

Tech-Knowledge: Risk Reduction Through the Use of Technology

The proposed implementation of technology throughout the construction process, from project planning through any related claim resolution has the potential to reduce risk to the principals. Potential risk aversion can come in the area of modeling of plans, wearables during construction, the use of live conferencing during the claims process, artificial intelligence, and secure cloud storage for advanced data capture (such as 3D imaging) to document, distribute, and process information in a safe and efficient manner. 

Speakers

• Mary Lou Hutson, UFG Insurance
• Brian Kahn, Chapman Glucksman
• Matt Perkins, MC Consultants, Inc.
• Greg Peruzzi, Gallagher Bassett Services, Inc.
• Steven Cuneo, C.W. Driver

Session 4

Up on the Rooftop: Exploring Complex Defect Claims Involving Shingle Fastening and Transitions, a Hands-On Workshop

It is becoming more common for roofers to become primary targets of the claimants in construction defect claims or cases. Often in these situations, the roofs are damaged by other contractors during construction or are otherwise compromised by lack of proper coordination of the trades where the roofs are integrated with the exterior wall building envelope. Leveraging a case study example, this session will assist participants in navigating the complexities that may arise in construction defect allegations in claims and litigation files and on common issues with fastening and transition flashing that may result from the work of the roofing contractor or other parties involved in the construction. This panel will be joined by a knowledgeable roofing consultant with over 30 years of experience in the industry and will make use of hands-on mockups to demonstrate various conditions related to asphalt shingle construction. 

Speakers

• Mark Hopkins, Guardian Group
• Frank Griffin, Envista Forensics
• Christopher Lambert, Engle Martin
• Ashley Mattingly, Butler Weihmuller Katz Craig LLP

Session 4

Sticks, Bricks and… Snakes? How Reptilian and Social Inflation-Driving Strategies Have Impacted Construction Site Injury and Death Cases

This session will dive into the rising dangers of handling large loss injury and death claims stemming from construction site accidents. Many of these claims involve large and public projects that become front page news when a catastrophic incident occurs and how carriers, insureds, and attorneys respond to these incidents has changed. The panel, made up of two attorneys who handle these types of cases around the country, two VPs who manage portfolios of these claims, and a jury consultant who sees the risk of these cases every day, will provide tips to counter the plaintiff strategies of using safety, fear, and OSHA as weapons in these cases.

Speakers

• Daniel Costello, Costello Ginex & Wideikis, P.C.
• David Zehner, Zehner Trial Consulting
• Ronald Morrison, Great American Insurance Group
• JD Keister, McAngus Goudelock & Courie, LLC (MGC)
• Kenneth Bunn, Builders Mutual Insurance Company

Session 4

A Roadmap for Design Professionals: Navigating Liability and Damages in a Changing Economic Landscape

Staring at the face of an economic downturn, professionals across all industries, including architects and engineers, must adapt to new challenges and develop strategies to minimize risk. This roundtable discussion will cover market trends of recessions and the consequential increase in frequency and intensity of litigation, providing design professionals with practical advice and insights to help navigate challenges and minimize their risk of litigation. The panel will engage the audience to share their experiences where design professionals were pulled into cases that had no apparent errors in design. The discussion will include strategies to re-focus plaintiffs on workmanship and away from design, and explore ways that architects and engineers can protect themselves from litigation, highlighting the importance of staying up to date on industry standards and regulations. 

Speakers

• Lara Taibi, HUB International
• Walter Nelson, Tokio Marine HCC
• Cary Smith, Nationwide Insurance Company
• Catherine Deter, Wood Smith Henning & Berman LLP

Session 4

Stay the Course: Navigating the Nuances of Complex Builder’s Risk Claims

Join our roundtable leaders for a discussion of builder’s risk claims and what they need to be prepared in line with insured, adjuster, and carrier expectations to lead to a fair and expeditious resolution of the claim. Participants will share tips on builder’s risk insuring agreements’ delay in construction schedule and determination; identifying incremental soft costs during the delay; loss of profits due to the delay in opening; that coverage is for properties in the course of construction or renovation; values and risk increase during the course of construction; construction contracts involving multiple parties who may be insureds; and multiple concurrent construction activities that may complicate the adjustment process. 

Speakers

• Tracy Alan Saxe, Saxe Doernberger & Vita, P.C.
• Hillary Price, The Baldwin Group
• Matthew Pandos, Moss and Associates, LLC
• Clay Corbitt, White Construction

Cocktail Reception

Breakfast

Session 5

Stucco Wars: A New Hope for Carriers, Experts, and Counsel in Combatting Stucco Lawsuits

Lawsuits are surging throughout Texas and the southeast related to the one coat stucco system and its application. This course analyzes the stucco application, discusses the strategies for combatting the allegations, and addresses preparing for resolution or arbitration, including the proper scope and costs to repair.

Speakers

• John H. Toohey, Bremer Whyte Brown & O'Meara, LLP
• Timothy Donnelly, Sompo International Insurance
• G Michael Starks, MC Consultants, Inc.
• Meliz Martin, Lydecker LLP

Session 5

Above and Beyond: Complex Risk Transfer Strategies in Construction-Related Claims Beyond Additional Insured

An insurance company’s agreement to insure a named insured’s contractor or subcontractor via an additional insured endorsement is one of most common forms of risk transfer in construction-related claims, but it is not the only one. Indemnity agreements can provide additional avenues for risk transfer, and in some instances, can create coverage under some liability insurance policies. Indemnity agreements can also impact or alter the coverage provided by a policy’s additional insured endorsement. When multiple layers of liability coverage are present, principles of horizontal vs. vertical exhaustion, which vary from state to state, can have a tremendous impact on which carrier or carriers must contribute towards resolution of the claim. And local state nuances, such as the targeted or selective tender rule in Illinois, can further change the priority of coverage for these claims. This panel will discuss these forms of risk transfer and how they affect coverage for complex construction-related claims and the practical strategies for defending and resolving construction-related claims when these risk transfer issues are at play.

Speakers

• Kimberly Petrina, Cozen O’Connor
• Martin Block, Arch Insurance Group Inc.
• Amber Wiltse, Acuity Insurance
• Sarah Coburn, Aon

Session 5

A Dose of Civility to Boost Your Ethics

This civility update—for Civility and Ethics credit—will examine and review multi-jurisdiction civility mandates, focusing on civility and the need for cooperation among attorneys. The session will also present examples of civility among lawyers, focusing on appellate law, legislation, and policies as a reminder of a lawyer’s ethical duty to strive for better communication and discourse. A self-reflection on whether we are accomplishing civility and cooperation among lawyers and claims professionals, panelists will discuss opinions and cases as historical benchmarks, with structured remarks and outlines, as well as personal observations which are not case or fact specific. 

Speakers

• Scott Rembold, Rembold Hirschman
• Richard Seely, Kahana Feld, LLP
• Danielle Griffith, First Insurance & Risk Management
• William Hoover, Skyward Specialty Insurance

Session 5

Beyond Hammer and Nails: Cyber Risk in Construction

Traditionally, paper and vellum, hammer and nails, were the principal modalities of construction. In modern times, “paper” is email, “vellum” is computer aided design (CAD) and building information modeling (BIM). With the introduction of digital wearables for personnel to monitor location, function, and health metrics, the revolution in construction technology has created new risks. The increase of cyberattacks on “soft” targets, has raised the bar on what is needed to secure a business and a construction site. The roundtable’s seasoned, diversified expert panel will examine construction practices over time and how they raise cyber risk and how to place, underwrite, and engage in meaningful risk transfer to ensure that projects finish on time, within budget and with reduced claims. Join our panel to stay ahead of the curve with cutting edge insights to move projects forward in this challenging environment.

Speakers

• Howard Franco Jr, Collins + Collins LLP
• Donna Hunt, Ironshore Insurance Company
• Laura Zaroski, Arthur J. Gallagher & Co.
• Amanda Harvey, Mullen Coughlin

Session 5

3C’s of Construction Insurance Market Trends: Conflation, Consolidation, Consideration

The construction insurance market has been nothing short of a rollercoaster in terms of pricing and coverage offerings. With unforgiving insurance premiums hurting an industry dealing with a reduction in workforce productivity and increase in injury rates, we’ll look at risk shifting with additional insured endorsements as a potential relief. Discover lessons learned from matters involving claims, legal, insurance, and industry perspectives, with special consideration of the endorsement phrase “caused in whole or in part” with its related case law and confusion and the fine print or potentially omitted vital verbiage in construction contracts and insurance policies and the impact they have on ensuing claim.

Speakers

• Christine Bernstock, AECOM
• Julian Ehrlich, Aon
• Kelley Inman, Hudson Insurance Group
• Joanna Roberto, Gerber Ciano Kelly Brady

BreakSeptember 29, 2023 09:45 AM - 10:15 AM

Session 6

Don’t Mess with Texas: New Developments in Texas Coverage and Liability Issues

The volume of construction has continued to explode in Texas, resulting in an equally significant uptick in construction defect litigation and related issues. With Texas legislature and courts busy clarifying—and in some instances altering—the law, the construction industry is seeing the impact on contract drafting, policy interpretation, and litigation strategies. This panel will discuss new developments affecting Texas construction claims, share tips for successfully maneuvering through the swamp of evolving case law and statutes, and advise claims professionals and attorneys on how to productively approach pre-suit claims, settlement conferences, and exposure analysis prior to trial.

Speakers

• Stephen Melendi, Tollefson Bradley Mitchell & Melendi, LLP
• Cynthia Tarle, Tarle Law
• Lynn McCahren, Sompo International Insurance
• Corey Jeffers, RLI Insurance Company

Session 6

Let’s Go to Trial: This Is the Way

While most construction defect cases end in settlement, some need to be tried to verdict. What are those cases? This session will address the types of cases and common characteristics of cases that have been tried since the pandemic, looking at how the claims/cases should be handled prior to trial and how they should be tried. The panel will include a defense counsel, a coverage counsel, a claims professional, a builder client and a jury consultant to address all aspects that ought to be considered from each of their perspectives to decide to take a claim/case to trial and succeed. 

Speakers

• Caryn Siebert, Gallagher Bassett Services, Inc.
• Maria Quintero, Hinshaw & Culbertson LLP
• Wakako Uritani, Lorber, Greenfield & Olsen, LLP
• Paul Balentine, Nationwide Insurance Company
• David Sterlace, DM Development

Session 6

The Need for Speed: Why Rapid Response Is Critical in Construction Accidents

Speed is of the essence in defending construction site accidents and this session will explore the incredible benefits to quickly arriving at a construction site accident from the unique perspectives of attorneys, claims professionals, and experts. We will discuss the benefits of having attorneys OSHA-certified, what that allows attorneys and experts to do on the date of loss, and how having this information collected immediately is critical to the successful defense of the matter. 

Speakers

• Mark Faruki, Dynamic Claim Services, Inc.
• Miles Henderson, Berkley Construction Solutions
• Russ Patane, Golden, Rothschild, Spagnola, Lundell, Boylan, Garubo & Bell, P.C.
• Jeffrey Miragliotta, Kahana Feld, LLP
• Nicholas Wijtenburg, SEA, Ltd.

Session 6

Catastrophic Construction Claims and Lawsuits in a Nutshell

This session will analyze the wide ranging and critical elements involved in successfully defending large loss construction claims. The focus of the session will include both construction site injury and building defect claims and participants will be led through the identification of the key points along the catastrophic claims highway from first notice of claim to settlement or verdict.

Speakers

• Barbara Laskaris-Lorigan, Golden State Claims Adjusters
• Derrick Mullen, Seneca Insurance Co.
• Tyler Bunting, NBIS
• Kimberley Doom, Pappas Grubbs Price PC
• William Cornell, Preg O’Donnell & Gillett

Session 6

DEI Initiatives for Small To Mid-Size Construction

Examine how DEI initiatives play out differently in small- to mid-sized construction, including construction companies, subcontractors, TPAs, risk managers, and claims. Small-to-mid construction has greatly diminished access to DEI initiatives compared to their larger counterparts, despite great benefits for diversity and inclusion practices on non-DEI corporate metrics. This session will discuss the specific data that demonstrates how DEI strategies will help small to mid-sized construction, implementing DEI in small businesses, and real strategies and protocols for recruitment, retention, and training.

Speakers

• Jane Young, Wilson Elser
• Anoush Holaday, Wood Smith Henning & Berman LLP
• Courtney Winzeler, Lorber, Greenfield & Olsen, LLP
• Matt Kovacs, Aon