Construction Defect Bad Faith Insurance Claims: Navigating Duty to Defend and Indemnify Denial and Bad Faith Set-Ups
Assessing Faulty Workmanship, Business Risk Exclusions, AI Issues, Failure to Settle Within Limits and Contribution/Indemnity
Recording of a 90-minute CLE webinar with Q&A
Allegations of bad faith claims handling often accompany insurance coverage disputes involving construction defect claims. This CLE webinar will walk attendees through current trends in bad faith claims arising out of such disputes, including defense/settlement and other claims handling issues. The program will discuss extra-contractual theories of liability that have been accepted and rejected by courts and will provide perspectives of both policyholders and insurers.
Outline
- Trends in bad faith litigation in the realm of construction defect claims
- Denial of defense/indemnity risks
- Duty to defend denial
- Faulty workmanship as an “occurrence”
- Business risk exclusions
- Additional insured issues
- Duty to indemnify denial
- Failure to settle within limits
- Contribution/indemnity from other insurers
- Duty to defend denial
- Claims handling risks
- Bad faith “set-ups” in claims handling and dispute resolution
Benefits
The panel will review these and other key issues:
- Trends in bad faith litigation in the realm of construction defect claims
- Most common grounds for bad faith claims emanating from defect coverage disputes
- Areas of bad faith liability risks for insurers in handling construction defect claims
Faculty
James P. (Jamie) Bobotek
Partner
Pillsbury Winthrop Shaw Pittman
Mr. Bobotek guides clients through all phases of development and construction of commercial properties, including... | Read More
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.
Close
John C. Bonnie
Partner
Weinberg Wheeler Hudgins Gunn & Dial
Mr. Bonnie leads the firm's Insurance Coverage Practice Group. This national practice is devoted... | Read More
Mr. Bonnie leads the firm's Insurance Coverage Practice Group. This national practice is devoted exclusively to complex commercial disputes, arbitration and litigation, particularly matters addressing obligations arising out of insurance contracts, written agreements to indemnify, and other means of shifting and allocating risk.
Close