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  • videocam On-Demand
  • card_travel Real Property - Transactions
  • schedule 90 minutes

Construction Defect Insurance Claims: Policyholder and Insurer Perspectives

Business Risk and Other Exclusions, Triggers, Priority of Coverage, and Contractual Risk Transfer

$297.00

This course is $0 with these passes:

CLE
ALL
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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.

Presented By

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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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.

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Credit Information

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


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, November 22, 2022

  • schedule

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

  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

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?