Builder's Risk Coverage for Construction Defects and Accidents Caused by Defective Workmanship
Navigating Mere Defective Workmanship, Accidents and External Causes, Express Exclusions, and More
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will discuss the scope of builder's risk insurance (BRI) coverage for construction accidents and defects caused by defective workmanship, accidents, and external causes.
- Physical damage or loss vs. mere defective workmanship
- Accidents and external causes
- Express exclusions for defective workmanship
- Inherent vice and latent defect exclusion
The panel will review these and other crucial issues:
- What factors do courts look at in determining whether a construction defect has caused physical damage or loss triggering BRI coverage?
- How have courts interpreted express policy exclusions for defective workmanship?
- How have courts interpreted ensuing loss provisions that may provide coverage even where the defective workmanship exclusion applies?
- How are claims by multiple insureds arising out of the same event or occurrence treated?
James P. Bobotek
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
Michael V. Pepe
Saxe Doernberger & Vita
Mr. Pepe focuses his practice on complex insurance coverage issues on behalf of policyholders, and has advocated for... | Read More
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.Close
Dawn A. Silberstein
Wilson Elser Moskowitz Edelman & Dicker
Ms. Silberstein is experienced representing insurance carriers and policyholders in litigation involving... | Read More
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.Close