Breakfast

Premier Session I

• Speakers:

• David Cahill, STO Building Group

• Stephen Henning, Wood Smith Henning & Berman LLP

• Gary Kaplan, AXA XL

• David Marino, Marsh

• Sharon Wible, Shea Homes

Thursday's premier session is an interactive roundtable discussion of construction industry leaders ranging from builders, insurance carriers and brokers.  The panelists will address resolving issues in commercial and residential construction contexts.  They will share their thoughts on the state of litigation management, trends in construction claims, strategies they are employing for achieving optimal results and the rising impact of data analytics and other tools to manage and control litigation.  The panel will engage in a dynamic discussion of critical issues the industry is facing and their approach moving forward.  

Break 1

Session I - National - A Millennial State of Mind: A View of the Future of Construction Litigation Through the Eyes of the Next Generation of Professionals

• Speakers:

• Larry Beemer, Suite 200 Solutions

• Tanya Courtney, Taylor, Day, Grimm & Boyd

• Victoria Ersoff, Self Employed

• Justin Siebert, The Hartford

• David Zehner, Zehner Trial Consulting

The force of the social and economic changes the Millennial Generation is capable of creating is beginning to be felt in all sectors of America’s economy. The initial tremors are already changing consumer markets and forcing corporations to change their workplace practices. Soon, Baby Boomers and the older Gen-Xer’s will be retiring and the Millennials will become an increasingly large share of not only our industry, but the entire adult population. This generation’s size and relative unity of belief will cause unavoidable shifts in the nation’s financial sector.  By 2025, Millennials will make up as much as 75 percent of the workforce. As a result, many practices and procedures in our industry will be changing. Our panel of young insurance and legal professionals will address the questions that will affect the way we will all be doing business soon.

Session I - National - Judicial Hell Holes and Construction Cases:  Strategies and Issues to Consider When Your Case is Headed to Trial

• Speakers:

• William Deragon, Old Republic Contractors Insurance Group

• Kevin Smith, Unknown

• Joel Sternstein, Arch Insurance Group Inc.

• Steve Tuller, DecisionQuest

Trial of a construction issue in a judicial hellhole raises a host of issues and potentially increased damages awarded if not handled properly. This panel will explore the differences of a case venued in a hellhole and how that venue affects the decision to take cases to trial, experts, testimony, litigation strategies, indemnity issues, jury selection, trial issues and more.  

Session I - National - Product Liability Claims in Construction: Litigation, Coverage Tips and Strategies

• Speakers:

• La Tonya Darby, RCM&D/SISCO

• Joe Duncan, Clark, May, Price, Lawley, Duncan & Paul LLC

• Elaine Fresch, Hawkins Parnell & Young, LLP

• Phyllis Modlin, Markel

• Jay Sever, Phelps Dunbar

This panel will address litigating and managing product liability exposure in construction cases. The claim that a construction product is defective is often made in construction lawsuits, whether it is a defect action or a construction accident action. The claim could involve windows, siding, roof tiles, fire sprinklers, plumbing fittings, or other products.  However, the applicable laws and burdens of proof for product liability claims are not the same in many respects as the laws that apply to owners, 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 they face. This panel will also focus on coverage issues arising in these claims and the unique defenses that may be asserted. The panel will discuss the classic battle between an installer and a product manufacturer/supplier.

Session I - National - Tools of Tomorrow: Role of Technology in Design, Construction and Dispute Resolution

• Speakers:

• Melanie Brown, Munich Re Specialty Insurance

• Jerri DeCamp, Self Employed

• Eric A. Kekel, Dunn Carney Allen Higgins & Tongue LLP

• Anthony Terranova, QBE Insurance

• Thomas Zawistowski, Ironshore Insurance Company

Technology is playing an even greater role in construction and construction-related claims. Today's construction project sites are often populated by computers, robotics, drones, ground-penetrating radar, building information management systems, computer-aided design, digital imaging, and other modern tools. Litigation itself is filled with e-discovery demands, forensic accounting of electronic project management and accounting data. This panel will explore the nature of new technology to the design and construction of projects. We will also examine multiple tools available to design professional and how they affect both the project itself and the claim process. We will learn what insurers look for and examine when they set out to underwrite design professionals and how they consider the use of technology in that process. The panel will also consider technology available to the attorney representing design professionals. This session provides a strong foundation for issues involving design professional claims and litigation.

Session I - Northeast Region - Don’t Get Wrapped Up in Navigating Wrap Ups!

• Speakers:

• Glenn Dienstag, Aon

• Julie Herman, Discovery and Seeno Homes

• Donna MacConnell, IMA Financial Group

• Wendy Testa, Wilson Elser

The pros and cons of wrap up policies and the differences in wrap up policies will addressed in this session. The panel will explore the reality of contractual risk management and/or risk transfer under wrap up policies versus traditional policies. They will also discuss how wrap up policies affect contractors versus design professionals and named insured versus enrolled member. Learn what to expect on a project that requires wrap up policy enrollment based on your scope of work on the project and/or on your contractual obligations regarding insurance coverage.

Session I - Southeast / Mid-Atlantic Region - Sharing the Misery: Defects with Construction Defect Coverage

• Speakers:

• Caryn Bellus, Kubicki Draper

• Jeff Bogert, Chubb

• Stephen Buonpane, Chubb

• Lisa Unger , Self Employed

Attorneys and industry professionals will present a panel discussion regarding the challenges of insuring the construction industry. This panel will include a dialogue about recent policy exclusionary and endorsement, the business needs of the construction industry relative to insurance coverage, and a practical discussion of the insurance industry’s perspective regarding the underwriting risks and concerns when insuring and defending companies engaged in the construction industry. 

Session I - West Region - What's the Deal? Additional Insured and Other Insurance Provisions

• Speakers:

• Mark Gothold, McCarthy Building Companies, Inc.

• David Lee, Lee Law Firm

• Karen Rice, Proactive

• Brandt Wolkin, Wolkin Curran LLP

This panel takes a look at recent cases involving Additional Insured Endorsements and Obligations in the Western States. These experts will address effective handling of claims, issues, and information. They will also address how to manage contractual defense/indemnity claims in a multi-party and multi-carrier construction defect action effectively, efficiently, and successfully.  

Lunch

Session II - National - From the Reptile to the Primate: Beating the Reptile in Litigation Management

• Speakers:

• Kevin Caberto, Argo Group US

• Thomas Gesner, Applied Claims Group

• John Ramirez, Bush & Ramirez, PLLC

• Wilson Townsend, Self Employed

• Wendy Wilcox, Self Employed

This panel will discuss the use of reptile litigation strategies in construction litigation. Specifically looking at what kinds of construction cases lend themselves to the use of the reptile theory. Attendees will learn how to recognize a reptile claim; how to respond to it at the claims stage: and how to manage the litigation to ensure that the case is being property defended at all stages of the litigation process. The panel will discuss tactics used and why they are effective in construction-related litigation. We will also discuss when and why claims resolution managers, handlers, and supervisors need to be concerned about the reptile.

Session II - National - Groundhog Day: Exploitation of Settlement Agreement and Release Exceptions

• Speakers:

• Stacy L. La Scala, JAMS - La Scala

• Steve Lokus, Sompo International Insurance

• Brenda Radmacher, Akerman LLP

• Jannea Rogers, Adams and Reese, LLP

• Caryn Siebert, Gallagher Bassett

Now that the parties have agreed upon a settlement number, the case is over, right? No. Unfortunately, negotiating terms and conditions of the settlement are increasingly more complex and difficult than arriving at a settlement number. This is especially true when underlying contractual indemnity provisions are the subject of the release and insurance has had a role in the settlement. Both contractual provisions and insurance are risk transfer devices that affect the parties to the suit and create potential rights in subsequent reallocation actions. What happens when a carrier defends and indemnifies its insured, the insured releases its contractual indemnity rights, but then the carrier brings a subsequent action against its insured to reallocate defense fees? What if the carrier seeks subrogation against the settled contractual indemintors? What is the defense counsel’s obligation? How are additional insured, contribution and other rights reserved? The presentation will address the impact of subrogated rights, contractual rights to indemnity and ethical considerations of counsel in the negotiation of settlement agreement terms and exceptions in multiple jurisdictions across the country.

Session II - National - Litigating the Complex Construction Accident Case

• Speakers:

• Keith Bremer, Bremer Whyte Brown & O'Meara, LLP

• Tyler Bunting, NBIS

• Damien Carlson, K2 Claims Services

• Sandra Heiden, Arch Insurance Group Inc.

• Tami Vail, Kahana Feld, LLP

Litigation of large loss construction site accident cases is complex. This panel takes a look at cases involving multiple parties, multiple insurance policies, multiple insurers, specific indemnity agreements, public policy limitations, public entities, and additional insured coverage and potential coverage limitations. The session will also include a discussion of the best strategy for defense resolution of the natural conflicts created amongst the several defendants involved in such cases, particularly in the face of an opposing plaintiff's counsel utilizing and relying upon the increasingly popular reptile theory to substantially increase the value of a given case.  

Session II - National - The Social Media Goldmine: Maximizing Investigation Results

• Speakers:

• Robert Carlson, The Carlson Law Firm

• Scott Catron, Social Detection

• Diana Gerstberger, Arch Insurance Group Inc.

• Jamie Kuebler, Self Employed

• John Silberstein, Liberty Mutual

Social media has proven to be a treasure trove of information for defending claims. There has been an exorbitant growth in popularity of social networking websites and the proliferatino of apps for everything from shopping, to booking vacations, and taking photographs and videos that can be easily shared.
How to utilize this wealth of information to more effectively defend claims has become a constant debate among attorneys. The discoverability of this information has also increasingly become the subject of legal disputes as the Courts attempt to adapt to the growing presence of social media information in litigation.  
This session will discuss how social media can be used to achieve a quicker and more favorable resolution of claims.  This will include tips for efficiently tapping the social media resource, insight as to when such information should be sought and disclosed during litigation, and an overview of recent decisions addressing the discoverability of such information.

Session II - Northeast Region - Controlling Labor Law Outcomes:  Mitigation of Damages, Experts and Strategy

• Speakers:

• Christine Bernstock, AECOM

• Michael Coffey, Coffey Modica LLP

• Robert McCarthy, Selective Insurance

• Doreen Munzenberger, AIG

This panel is an advanced discussion of challenges faced by claim professionals, insureds and counsel when litigating to verdict Labor Law cases in the State of New York.  Potentially the most explosive in terms of verdict potential for construction losses, this panel will discuss effective strategies to effective utilize experts, strategic decisions which will be made during the life of the case that directly impact the results, jury issues, trial presentation strategies and more.

Session II - Southeast / Mid-Atlantic Region - Our Coverage Issues are Hotter than Yours: Case Law Updates and Trends

• Speakers:

• Rebecca Appelbaum, Gartner + Bloom PC

• Mark Boyle, Boyle Leonard & Anderson, PA

• Elizabeth B. Ferguson, Marshall Dennehey

• Marcia Garvin, Safety National Casualty Corporation

• Mary Rowe, Markel

This panel discussion will address insurance coverage issues related to construction claims. Triggers, allocation, risk transfer, additional insureds, co-primary contribution, rip and tear, duty to defend, satisfying the SIR, and ongoing operations will all be addressed. 
 
The panel will discuss recent decisions affecting these traditional concepts; concepts unique to the region, the continuing absence of controlling case law on some key issues; and handling claims and litigating cases in the evolving coverage environment.  Additionally, the panel will include practice tips and predictions for moving forward.  

Session II - West Region - Insurance Coverage Issues in Multi-Party CD Actions -- Negotiating the Labyrinth Effectively, Successfully and Efficiently

• Speakers:

• David Blau, Blau | Keane Law Group, P.C.

• Adam Ganzell, PulteGroup, Inc.

• Yolanda Gonzalez, North American Risk Services NARS

• John H. Toohey, Bremer Whyte Brown & O'Meara, LLP

• Ralph Woodard, Navigators, A Brand of The Hartford

Managing coverage issues in a multi-party construction defect action can feel like negotiating a labyrinth. Learn how to do that more efficiently and effectively during this session. The panel will discuss coordination and funding of the defense. Issues related to the direct carriers for the developer, general contractor, and subcontractors and their carriers will also be covered. 

Recent trends in litigation, including intervention by carriers in the underlying construction defect action, competing additional insured and contractual defense/indemnity claims, and other disputes, issues and hurdles between primary and excess carriers, and with regard to additional insured carriers, will also be highlighted.

Break 2

Session III - International - London and Bermuda Market Claims: Insurer, General Contractor and Broker Perspectives

• Speakers:

• Robert Bergen, Aon

• Mark Christensen, Christensen Hsu Sipes LLP

• Mia Finsness, Markel

• Ted Xenakis, Lendlease Group

This session will provide insight into the international insurance world exploring policies and claims in the London and Bermuda Markets, a general contractor’s use of those markets to meet that company’s insurance needs, and the broker’s perspective in advocating for claims handling in the international markets.  

Session III - National - Hope for the Best, Plan for the Worst--Prepare for Trial So Your Case Doesn't Get There

• Speakers:

• Thomas Balestreri, Balestreri, Potocki & Holmes

• John Cominski, Self Employed

• Michael Hearn, Law Offices of Michael A. Hearn

• Susan Johnson, Eighth Judicial District Court of Nevada

• Rina Rai, Rai Duer, P.C.

Trial is not the primary means of resolving construction cases. Most clients want their cases settled, and most times we make that happen. However, should negotiations fail and you haven’t carefully considered what needs to be done to try the case, you are going to find yourself in trial when you least expect it and aren’t prepared. Nobody wants that to happen! 

Learn from a panel of defense and plaintiff lawyers who have tried cases, a claims representative who has handled numerous cases that have gone to trial, and a sitting judge. Panelists will share practice pointers and words of wisdom on how to prepare for trial in such a manner that help you achieve an outcome that you and your clients can be proud of.
You’ll hear what the claims professional needs from the lawyers and the client to make sure that the carrier is prepared regardless of the outcome. And the Judge, the final arbiter, will tell all of us what we are doing wrong! 

Session III - National - The Changing Landscape of Construction Defect Litigation and Its Impact on Trial Strategies

• Speakers:

• Betsy Gillaspy, Gillaspy Rhode Faddis & Benn, LLC

• Thomas Haldorsen, Lennar Corporation

• Nathan Owens, Newmeyer & Dillion

• David Simons, KB Home

• Jacqueline Stein, Skane Mills

Topics include: whether to make repairs and its impact on settlement, the impact of wrap versus traditional insurance, and the impact of participation and defense agreements with subcontractor counsel. 

Session III - National - To Intervene Or To Not Intervene? That is the Question!

• Speakers:

• David Douglas, Yaron & Associates

• Eric Larson, Liedle & Larson, LLP

• Barbara Laskaris-Lorigan, Golden State Claims Adjusters

• Kay Newton, RiverStone Resources LLC

• Sean Sullivan, Self Employed

As more and more contractors go out of business, some contractors are not satisfying the large SIRs on their policies. Contractors are defaulted and carriers are potentially exposed to a post judgment Ins. Code Sect. 11580 action. Because the carrier did not participate in the underlying action, only coverage and damages can be contested not liability. Carrier intervention in the underlying action is a protection option, but what are the procedures, liability exposure and controls, participation scope, pitfalls, and related issues.  This session explores the laws in relation to carrier intervention that will engender a lively discussion amongst participants.  

Session III - National - Watch Your Step! Construction Site Safety and Accident Claims Handling/Management

• Speakers:

• Mark Franke, Old Republic Contractors Insurance Group

• Kenneth Merber, Resnick & Louis, P.C.

• Jonathan Terry, TERRY • MUDGE LLP

• George Truitt, Cole, Scott & Kissane, P.A.

• Mary Ann Vorndran, EMC Insurance Companies

Construction site safety and accident claims handling affect all types of construction activities (e.g., residential, commercial, and mixed use). This panel explores and explains multi-regional rules, regulations, prevailing legal authorities, OCIP implications, action-over claims/defenses, and related OSHA standards/investigations. The discussion will also provide guidance for best practices in the handling of construction accident claims and related OSHA investigations in some of the most populated regions. Cross-over topics for this panel  include discussions related to OSHA, general liability, insurance coverage, and workers' compensation.  The panelists are experts in the field of site safety and construction accident claims handling.

Session III - Southeast / Mid-Atlantic Region - Not So Simple Addition: Coverage Issues Surrounding Additional Insureds In the Southeast

• Speakers:

• Stephanie Glickauf, Goodman McGuffey LLP

• Laura Paton, Gordon Rees Scully Mansukhani

• Constance Woods, American Southern Insurance Company

• Tracy Yaun, AXA XL

In 2013 ISO introduced a new additional insured form. Now that the form has been around for a few years we have been able to see it in practice. This session will discuss coverage issues surrounding additional insureds on commercial general liability policies issued to contractors and subcontractors in the Southeast. These issues include priority of coverage, coverage (or not) for claims of an additional insured's exclusive negligence, and how contractual indemnity and additional insured status work together and work with the Southeastern states' laws regarding enforceable indemnity contracts. Additional Insured status has taken center stage in construction litigation in so many ways, and this panel will lead an interactive discussion about the not-so-simple challenges this issue presents.  

Session III - West Region - Decisions, Decisions, Decisions -- How Plaintiff’s Decisions in Picking and Choosing the Products and Issues to Pursue Affects Litigation

• Speakers:

• James Cassell, MC Consultants, Inc.

• Brian Kahn, Chapman Glucksman

• Justin Monahan, Ball Janik LLP

• Christine Philips, Brown & Brown Risk Solutions

• Leon Short, Network Adjusters, Inc.

Plaintiff’s counsel set the stage for the product and workmanship claims being pursued in an action. The decisions, if carefully made, can greatly affect the course of litigation. One set of decisions can lead to claims that involve a clearly delineated trail of risk transfer and funding, whereas another decision set can hamper that scenario. Each decision set has its own pros and cons to be considered and addressed on both sides of the table. Less savvy counsel may make seemingly (or truly) haphazard decisions without understanding the consequences. The panel will discuss these different Plaintiff strategies, the impact they have on risk transfer and coverage as well as providing strategies for dealing with these claims. 

Break 3

Session IV - National - A Good Defense: What Makes for a Good Coverage Defense?

• Speakers:

• Carolyn Crawford, Nationwide Insurance Company

• Andrew Smith, Self Employed

• Robert Stahl, Amerisure Mutual Insurance Company

• Irene Yesowitch, Self Employed

Through the use of claims scenarios involving the standard exclusions and coverage defenses raised in typical construction defect law suits, this panel will present best practice solutions and procedures for handling claims. Attendees will learn how to assist in preserving and using coverage defenses to assure proper allocation and payment of covered losses and damages. The panel will also address exclusions and coverage defenses in order to set the stage for a clearer understanding as to how defense counsel and the claims professionals can work together to achieve the best result.

Session IV - National - Affidavit of Merit or Certificates of Merit -- Conditions That are Precedent to Filing a Claim against a Design Professional

• Speakers:

• Guy Hollingsworth, The Hanover Insurance Group

• Wendy Keenan, LondonFischer LLP

• Rinat B. Klier Erlich, Zelms Erlich & Mack

• Charles Sinclair, Crosswalk Claims Management, LLC

• Gary Strong, Gfeller Laurie LLP

What are the requirements of the Affidavit of Merit and/or Certificate of Merit and why are these documents are not expert reports? This panel will dive into this complex topic. They will discuss penalties from different jurisdictions when such a document is not timely filed. Discussions will also include what exposure the insured and insurer can have when such a document is not timely filed.

Session IV - National - Criminal Culpability for Construction Casualty Claims: Consequences for Civil Claims and Coverage

• Speakers:

• Ken Bloom, Gartner + Bloom PC

• Elizabeth Fitzpatrick, Island International Exterior Fabricators

• Glenn Fuerth, Wilson Elser

• Michael Hinojosa, National Claim Services LLC

• Andrew Lankler , Baker Botts

The issue of criminal culpability to corporate entities and their officers in connection with construction-related injuries or fatalities to both construction workers as well as the public has become front and center in many major metropolitan areas. This panel will explore the impact/conflicts/consequences of criminal investigations and prosecutions and convictions on construction practices in general and the civil actions (including coverage considerations). 

Session IV - National - Navigating Consent Judgments

• Speakers:

• Rima Ghandour, Ghandour Law

• Henrietta Hinojosa, National Claim Services LLC

• Richard Righi, Righi Fitch Law Group

• Raymond Weisse, Ascot Group

The discussion will include consent judgments and the ethical duties of counsel.  We will discuss the tripartite relationship, managing consent judgments, and the pros and cons of the consent judgement for the client and the carrier. 

Session IV - Southeast / Mid-Atlantic Region - Covering Your Bases: Ensuring Risk Transfer of Construction Losses

• Speakers:

• David Harrigan, Luks, Santaniello, Petrillo & Cohen

• Susan Hogan, Kramon & Graham

• Brad Kilbourn, AXA XL

• Miles Moody, Westfield Insurance

• Michael Rodriguez, Tokio Marine HCC

 Minimizing and transferring risk for construction-related losses are significant priorities to industry professionals and their insurers. This panel explores and explains important developments and implications of transferring insurable risks at all stages of construction. The discussion will focus on protection secured through contractual indemnity and additional insured status, as well as reconciliation of disputes over applicability and extent of insurance coverage. Discussion will also include identification and analysis of insurable damages, as well as strategies to preserve risk transfer entitlements against parties responsible for losses. 

Session IV - West Region - Construction Revolution – How Environmental Regulations and Technology Will Drive Major Changes in the Building Industry

• Speakers:

• Steven Cvitanovic, Build Group, Inc.

• Terri Moran, Vela Insurance Services LLC

• Donald Sajor, PulteGroup, Inc.

• John Zehnder, McGavick Graves, P.S.

 The winds of change are blowing through the building industry as never before and will change how projects are designed and built. This presentation addresses the California Supreme Court’s recent decision Center for Biological Diversity v. California Department of Fish and Wildlife (Newhall Land,) which rejected Newhall Land’s Environmental Impact Report for failing, among other things, to adequately address the impact of greenhouse gases created by Newhall’s planned development.  The ramifications of the Court’s holding will have a substantial impact on how future projects are built.

The panel also addresses how new technologies will be used to build future communities. From robot builders to 3D printers, within ten years, new technologies will be in widespread use.  Will these new technologies build perfect houses?  What will be the new problems and issues construction professionals will have to deal with? 

Session IV - West Region - Current Battle Ground of Intervention -- Additional Insured Carriers and Developers Seeking Unreimbursed Crawford Fees and Costs

• Speakers:

• Virginia Balogh, Nationwide Insurance Company

• William J. Peters, Gordon Rees Scully Mansukhani

• David Stern, West Coast Casualty Service, Inc.

• Kasey Townsend, Murchison & Cumming, LLP

This panel discusses cases that are no longer about Plaintiffs' claims, but are about the developer and its carriers recouping their costs. Ultimately, the discussion would be focused the ability, if possible, to achieve resolution of all issues in settlement. 

Cocktail Reception