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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Monday, October 31, 2022

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will provide construction counsel with a review of the validity and effect of waivers of subrogation and indemnification clauses in construction contracts, how courts interpret waiver provisions and the impact on all parties.

Faculty

John B. Mumford
Partner
Hancock Daniel & Johnson PC

Mr. Mumford represents insurance companies in complex coverage litigation in numerous state and federal courts, and advises insurers on a variety of coverage matters. His practice involves a wide range of insurance coverages, including CGL, professional liability, D&O, auto, workers’ comp, umbrella, property, and business interruption, among others. Mr. Mumford currently serves as Co-Chair of the ABA’s Insurance Coverage Litigation Annual Meeting.

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James P. Bobotek
Partner
Pillsbury Winthrop Shaw Pittman LLP

Mr. Bobotek guides clients through all phases of development and construction of commercial properties, including preparation, review and negotiation of development, design, construction, design-build, and related agreements. He also counsels clients in analyzing insurance coverage claims, formulating risk management strategies, and developing contractual insurance requirements. Mr. Bobotek has secured many favorable outcomes for commercial policyholders on CGL, builder’s risk, commercial property, business interruption, E&O, cyber, professional liability, D&O, pollution, fidelity and other claims.

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Description

Subrogation waivers in construction contracts are frequently overlooked or given short shrift. Still, these insurance provisions can significantly impact the financial situation of the contracting parties and their insurers.

In interpreting subrogation waiver clauses, courts often look to underlying contract provisions, particularly the allocation of risk through insurance, to discern the parties' intent.

Subrogation waivers must be reconciled with indemnity and other contractual contribution provisions. In many scenarios, subrogation is implicitly waived when builder's risk insurance is in place. In others, the insured waiving the right of subrogation may face a denial of coverage under the applicable policy terms.

Listen as our authoritative panel of practitioners analyzes waivers of subrogation in construction contracts, the validity and effect of waivers, the impact of waivers on contractual indemnification and contribution clauses, how courts interpret waiver provisions, and the effect on all parties to the contract.

Outline

  1. Overview of insurance subrogation in construction contracts
  2. Relationship between waiver of subrogation clause and other potentially relevant contract language
  3. Impact on all parties to the contract
  4. Recent case law: interpreting waiver provisions

Benefits

The panel will review these and other key issues:

  • What is the scope of a subrogation waiver included in a construction contract?
  • How do courts interpret subrogation waivers in construction defect matters?
  • What contractual provisions will courts look to when interpreting waiver of subrogation clauses?
  • How do contractual indemnification provisions impact subrogation waivers?
  • Current trends in the market.