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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Insurance

Date & Time
  • event Date

    Tuesday, June 29, 2021

  • 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 guide counsel on the differences between seeking recovery under builders' risk, CGL, and wrap-up insurance policies. The program will cover what steps to take when a claim is suspected, how to maximize coverage under all available policies, current trends in claim denials, and best practices to ensure coverage.

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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Kenneth A. Sherman
Partner
Prince Lobel Tye LLP

Mr. Sherman is an experienced construction attorney with significant construction transactional, consulting, and litigation experience. In this capacity, he assists construction project owners, developers, general contractors, construction management firms, subcontractors, and material suppliers with real-time project consulting, drafting and negotiating all manner of construction agreements and forms, and with prosecuting and defending construction disputes. Mr. Sherman is a frequent lecturer on insurance law matters.

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Description

Builders' risk policies are the workhorse of construction insurance but should never be the exclusive source of coverage. Often both builders' risk and CGL policies may cover a loss. Counsel should understand how and when each policy may offer greater benefits.

When the market for coverage contracts, "wrap-up" programs, including owner-controlled insurance programs (OCIPs) and contractor-controlled insurance programs (CCIPs), become common. Wrap-up programs are often customized and require counsel to be familiar with how the policies affect contractual indemnity provisions.

Exclusions are playing a greater role in resolving claims, with many applied arbitrarily and in unexpected ways. Counsel must be on guard to spot what may be overzealous claim denials.

Listen as the panel discusses important considerations for construction contracts and the steps the insured should take when they suspect a claim, as well as commonly litigated exclusions.

Outline

  1. Types of insurance for construction projects
  2. Critical clauses for insurance programs
  3. Builders' risk vs. CGL coverage
  4. OCIP/CCIP
    1. Builders' risk and LEG 2/3 denials
    2. Cost-of-making-good
    3. Exclusions
  5. Maximizing coverage

Benefits

The panel will review these and other critical issues:

  • Builders' risk and CGL policies will cover what types of claims?
  • Why are wrap-up programs increasing in popularity?
  • What provisions should policyholders insist upon?
  • What are the foreseeable trends in claim denials?