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

or call 1-800-926-7926
Program Materials

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.

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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
John H. Podesta

Partner
Wilson Elser Moskowitz Edelman & Dicker

Mr. Podesta focuses his practice in the areas of insurance coverage and bad faith, business litigation, land...  |  Read More

Robert V. Closson
Robert V. Closson

Shareholder
Hirsch Closson

Mr. Closson joined the Firm in 2008 and continues to concentrate his practice in insurance coverage litigation,...  |  Read More

Michael V. Pepe, Esq.
Michael V. Pepe, Esq.

Saxe Doernberger & Vita

Mr. Pepe focuses his practice on complex insurance coverage issues on behalf of policyholders, and has advocated for...  |  Read More

Dawn A. Silberstein
Dawn A. Silberstein

Of Counsel
Wilson Elser Moskowitz Edelman & Dicker

Ms. Silberstein is experienced representing insurance carriers and policyholders in litigation involving...  |  Read More

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