About the Course
Introduction
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.
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.
Presented By
Mr. Adelstein practices construction law throughout the state of Florida. He has represented contractors, subcontractors, design professionals, developers, associations, suppliers, sureties, and owners in a myriad of construction matters including, without limitation, construction and design defect claims, schedule-based claims, bid protests, payment disputes, insurance coverage disputes, lien and payment bond claims, performance bond claims, construction licensing issues, OSHA issues, workers compensation issues, subcontractor default insurance issues, requests for equitable adjustment, Contract Disputes Act claims, termination claims, pass-through claims, Davis Bacon issues, and any other issue that involves a construction project. He also has prepared and negotiated many construction contracts based on various construction project delivery methods.
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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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, June 29, 2021
- schedule
1:00 p.m. ET./10:00 a.m. PT
- Types of insurance for construction projects
- Critical clauses for insurance programs
- Builders' risk vs. CGL coverage
- OCIP/CCIP
- Builders' risk and LEG 2/3 denials
- Cost-of-making-good
- Exclusions
- Maximizing coverage
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?
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