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
- Overview of builder’s risk coverage
- Overview of liability coverage
- Issues germane to the interplay between the liability and builder’s risk coverage
- Defective work exclusions
- Other insurance provisions
- Primary vs. excess
- Additional insureds
- 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.
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James Smith
Real Estate Law Advisory Board
Partner
Ballard Spahr
Partner
Stroock & Stroock & Lavan
Partner
Robinson & Cole
Counsel
Sugar Felsenthal Grais & Hammer
Partner
Bryan Cave
Thomas C. Homburger
Of Counsel
K&L Gates
Counsel
Kilpatrick Townsend & Stockton
Partner
Pillsbury Winthrop Shaw Pittman
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