BarbriSFCourseDetails
  1. keyboard_arrow_leftBack

Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Tuesday, November 22, 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 and insurance counsel with a review of evolving insurance coverage issues and recent key case law developments in construction defects claims. The panel will outline best practices for counsel to parties on either side of a dispute to resolve construction defect coverage disputes.

Faculty

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.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio
Jorge A. Maza
Special Counsel
Kennedys Law LLP

Mr. Maza exclusively represents insurers in insurance coverage, bad faith, and commercial litigation matters. He handles high-exposure insurance disputes involving commercial general liability, errors and omissions, environmental, surety, reinsurance, and commercial property claims. Mr. Maza also counsels clients on claims handling and policy drafting. He frequently lectures on emerging insurance topics and leads seminars for clients on trends in the law, bad faith avoidance, and claims handling protocols.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio

Description

Much of the case law interpreting commercial general liability insurance policies has arisen in the construction context. As evidenced by recent rulings, the area of construction defect coverage continues to evolve rapidly.

Hot issues in construction defect coverage include determining whether and when there is an occurrence, the number of occurrences, trigger of coverage, the applicability of standard exclusions (particularly the business risk exclusions), and claim priority in overlapping coverage.

Other issues frequently disputed involve risk transfer mechanisms such as additional insured provisions and contractual indemnities. Counsel for both insurers and policyholders must stay on top of this dynamic area of the law to guide their construction industry-related clients.

Listen as our authoritative panel of insurance attorneys discusses the hottest topics in construction defect insurance coverage and how to unravel coverage disputes in this confusing and complicated area.

Outline

  1. Definition and number of occurrences
  2. Trigger of coverage
  3. Business risk and other exclusions
  4. Priority of coverage disputes
  5. Contractual risk transfer issues

Benefits

The panel will review these and other key issues:

  • Can a breach of contract or faulty workmanship ever give rise to an occurrence?
  • What constitutes property damage caused by an occurrence?
  • What are the standard "business risk" exclusions, and how are these exclusions routinely interpreted?
  • How are questions of primary vs. excess coverage resolved?
  • How are additional insured and certificate of insurance issues resolved?