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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Tuesday, January 30, 2024

  • 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 discuss an insurer's indemnity obligations in construction defect claims and how to distinguish between covered and non-covered damages. The program will review the issues from the perspective of both the insurer and the general contractor or subcontractor.

Faculty

David M. Adelstein
Partner
Kirwin Norris

Mr. Adelstein represents general contractors, subcontractors, design professionals, developers, associations, suppliers, sureties, and owners in a myriad of construction matters including, without limitation, construction/design defect claims, schedule-based claims (including inefficiency, lost productivity, and acceleration claims), bid protests, payment disputes, lien and bond claims, liability and property insurance issues, and a host of other issues that affect the construction industry. He prepares and negotiates construction contracts for clients utilizing AIA, EJCDC, and AGC industry form documents, as well as contracts that are not based on an industry form document.

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Brendan Winslow-Nason
Partner
Gordon Tilden Thomas & Cordell, LLP

Mr. Winslow-Nason focuses his legal practice in the areas of construction law and insurance coverage. He represents general contractors in breach of contract, defect, and worksite injury disputes. Mr. Winslow-Nason provides insurance coverage advice and litigates under insurance policies issued to construction companies and on construction projects. He provides legal advice to companies regarding indemnity and insurance requirements in commercial contracts.

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Description

Coverage for a construction defect claim requires a determination that there has been property damage within the meaning of the policy. Without an allegation of property damage within the meaning of the policy, the insurer has no duty to defend.

Even if the allegations create a duty to defend, coverage counsel must determine whether the actual damages are the result of property damage within the meaning of the policy and whether the damages arise from an occurrence.

Jurisdictions vary on whether defective work can ever constitute "property damage" within the meaning of the policy. Likewise, there is a split in judicial opinion on whether defective construction can ever constitute an "occurrence."

Listen as our authoritative panel of construction insurance practitioners analyzes the insurer's duty to indemnify in construction defect claims and provides a methodology for distinguishing between covered and non-covered damages. The program will discuss the issues from the perspective of the insurer as well as the general contractor or subcontractor.

Outline

  1. Analysis of policy language defining "property damage"
  2. Determining whether the damages are a result of an "occurrence"
  3. Specific damages
    1. Defective workmanship
    2. Economic damages
    3. Diminution in value
    4. Damages caused by repair and/or replacement
  4. Most recent case law developments

Benefits

The panel will review these and other key issues:

  • Factors the courts consider in determining whether property damage falls within the meaning of the policy
  • Court rulings on whether defective work can ever be property damage
  • Court rulings on whether defective construction can ever constitute an "occurrence"
  • Whether damages sought constitute "economic" damages