Wrap Insurance for Construction Projects: Scope of Coverage, Resolving Coverage and Indemnification Disputes

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Real Property - Transactions
- event Date
Tuesday, June 25, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will provide insurance and real estate counsel with an analysis of the characteristics and function of wrap insurance programs, discuss their advantages and potential pitfalls, highlight critical coverage and exclusion issues, and outline solutions to thorny indemnification matters.
Faculty

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.

Mr. Kraft is a 33-year commercial insurance industry veteran. He began his career in the brokerage world selling complex risk transfer programs to Fortune 1000 clients. For the past 23 years Mr. Kraft has been an outsourced Risk Management consultant for several prominent real estate developers/owners/builders in the Washington, DC metro area. The scope of his practice covers more than 30 million+ square feet of operating Class A office space; 1.5 million square feet of retail space; 35,000+ apartment units and nearly 30 million square feet of projects in active development, including one project of 11 million square feet of office campus, tech center, multifamily and mixed-use occupancies within the Baltimore Inner Harbor. Mr. Kraft is a graduate of the U.S. Naval Academy and a Marine Corps Infantry combat veteran. He earned the RIMS CRMP designation in 2020.

Ms. Murphy’s practice involves the drafting and negotiation of construction, consulting, design, development, installation, and other construction-related agreements for large office, residential, hotel, and mixed-use projects. She also assists clients with various real estate matters, including the acquisition, development, management, and leasing of commercial and mixed-use properties.
Description
Wrap-up programs, including owner-controlled insurance programs and contractor-controlled insurance programs, aim to reduce costs on construction projects, limit downstream contribution claims, provide certainty of insurance placement, and ensure implementation of proper project safety programs.
Under most wrap-up programs, commercial general liability, workers' compensation, employers' liability, and umbrella/excess liability insurance coverage is provided to most parties performing work on a construction project site, including the owner, general contractor, and subcontractors of all tiers, under one insurance program.
Because policies in wrap-up programs are often customized and have not been subject to extensive litigation, courts have not had significant opportunities to address the unique issues presented by claims made under wrap-ups. Increased litigation is anticipated, as using wrap-ups has gained in popularity.
Counsel must understand the coverage issues that arise with wrap-ups. Coordination of wrap policy language with participants' own insurance programs, and, in many cases, contractual indemnity provisions, can present unexpected problems for project participants.
Listen as our authoritative panel of insurance attorneys guides you through the characteristics of wrap policies, the unique coverage issues they present, and potential pitfalls for the unwary.
Outline
- Advantages and risks of wrap coverage
- Coverage issues
- Limitations and exclusions
- Indemnity provisions
Benefits
The panel will review these and other key issues:
- How does policy language impact coverage, and what coverage gaps could result?
- How do wrap-ups relate to construction defect issues?
- What coverages are typically included--and which are generally excluded?
- How are additional insured and contractual indemnification issues resolved?
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