Builders Risk and Liability Coverage: Navigating the Interplay for Construction Accidents and Casualties

Reconciling Overlapping Exclusions, Other Insurance Provisions, Primary vs. Excess Policies, Additional Insureds, and Subrogation

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, May 2, 2017
Recorded event now available


This CLE webinar will provide counsel for construction owners and contractors with an analysis of the interplay between builder’s risk and CGL insurance for construction projects. The panel will discuss how they work in tandem, but also focus on the specific challenging issues and uncertainty counsel face in the intersection between the two types of coverages, including defective work exclusions, other insurance provisions, primary vs. excess policies, additional insureds and subrogation.

Description

Construction projects are always at risk for economic losses from unanticipated mid-construction accidents, property damage and casualties that result in unbudgeted and costly expenses needed to complete the project.

Often these mid-construction losses implicate both the first-party builder’s risk policy covering the owner and the third-party CGL policy covering the contractor and subcontractors. While they are intended to cover different losses, the coverage picture is not always clear.

Counsel for all stakeholders in the project often must navigate complex issues that arise in the intersection between builder’s risk policies and CGL policies such as defective work exclusions, other insurance provisions, primary vs. excess policies, additional insureds and subrogation.

Listen as our authoritative panel of construction insurance attorneys guides you through the characteristics of builder’s risk and CGL insurance policies, how they work together, and the challenging issues counsel face in the intersection between the two types of coverages, including defective work exclusions, other insurance clauses, primary vs. excess policies, additional insureds and subrogation.

Outline

  1. Overview of builder’s risk coverage
  2. Overview of liability coverage
  3. Issues germane to the interplay between the liability and builder’s risk coverage
    1. Defective work exclusions
    2. Other insurance provisions
    3. Primary vs. excess
    4. Additional insureds
    5. Subrogation

Benefits

The panel will review these and other key issues:

  • What are risks covered by builder’s risk policies and how do they differ from the risks covered by CGL policies?
  • How do these coverages work in tandem with respect to mid-construction losses and what legal issues arise in the intersection of the two?
  • How have courts addressed the issue of how first-party property coverage and third-party liability can be primary or excess to each other?

Faculty

John H. Podesta, Partner
Wilson Elser Moskowitz Edelman & Dicker, San Francisco

Mr. Podesta focuses his practice in the areas of insurance coverage and bad faith, business litigation, land development and general civil litigation. With more than three decades of experience in the insurance field, he has knowledge across the industry from contract language to insurance agents’ professional liability. As a former claims supervisor for a major insurer and as an insurance investigator prior to practicing law, he brings a “bottom-line” perspective to insurance coverage and bad faith matters as well as to his commercial and defense work.

Robert V. Closson, Shareholder
Hirsch Closson, San Diego

Mr. Closson joined the Firm in 2008 and continues to concentrate his practice in insurance coverage litigation, "bad faith" litigation, coverage related matters, and appeals. His insurance practice has involved the property and casualty fields of commercial and personal lines policies with an emphasis on construction defect, intellectual property, business litigation and environmental claims.

Michael V. Pepe, Esq.
Saxe Doernberger & Vita, Trumbull, Conn.

Mr. Pepe focuses his practice on complex insurance coverage issues on behalf of policyholders, and has advocated for his clients at trial, on appeal and in ADR settings. He routinely handles issues dealing with commercial liability, builders’ risk, additional insured claims, indemnity, and the duty to defend. Prior to joining the firm, Mr. Pepe represented general contractors, subcontractors, architects and homeowners in contract disputes, construction defect claims, and surety bond claims. 

Dawn A. Silberstein, Of Counsel
Wilson Elser Moskowitz Edelman & Dicker, San Francisco

Ms. Silberstein is experienced representing insurance carriers and policyholders in litigation involving third-party liability and first-party property coverage claims. She also has represented homeowner associations and common interest developments in construction defect litigation and as corporate counsel, drafting easements and amending governing documents, including covenants, conditions and restrictions. In addition, she has experience implementing, monitoring, planning and evaluating the City and County of San Francisco’s EEO programs, including investigating internal complaints related to alleged violations of state and federal EEO law and responding to charges of discrimination filed with the U.S. Equal Employment Commission and Department of Fair Employment and Housing.


Recordings

CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00

How does this work?


Recorded Event

Includes full event recording plus handouts.

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $297.00

How does this work?

Recorded Audio Download (MP3) $297.00

How does this work?

DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H

How does this work?


Webinar

Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

or call 1-800-926-7926

CLE Credits By State

See CLE State Map >

or call 1-800-926-7926

Customer Reviews

The web conference covered the material in an efficient fashion without a lot of duplication.

Matthew W. Willis

Ashley Ashley & Arnold

The materials were very good and I liked that they were available ahead of time.

David Meeker

Ferguson Enterprises

I liked that the speakers' explanations of the materials were easy to follow.

Ross Cohen

Greenebaum, Doll & McDonald

My first Strafford webinar and I enjoyed the variety of speakers.

Katy Noeth

Winston & Strawn

The program was very well organized and the speakers were prepared.

Marti Sharp

Kell Alterman & Runstein

or call 1-800-926-7926

Real Estate Law Advisory Board

David A. Barksdale

Partner

Ballard Spahr

Jacob Bart

Partner

Stroock & Stroock & Lavan

Brian W. Blaesser

Partner

Robinson & Cole

Ronald B. Grais

Of Counsel

Jenner & Block

Ren R. Hayhurst

Partner

Bryan Cave

Thomas C. Homburger

Of Counsel

K&L Gates

Susan C. Tarnower

Counsel

Kilpatrick Townsend & Stockton

Clark T. Thiel

Partner

Jones Day

or call 1-800-926-7926

Our Guarantee

Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.