Complexities of Builder's Risk Insurance Claims: Ownership of Policy, Amount and Type of Coverage
Evaluation of Policies Based on Pricing Considerations, Location, Environmental Factors, Type of Construction
Recording of a 90-minute CLE webinar with Q&A
This CLE course will address the complexities of builder's risk insurance (BRI) coverage, including who should hold the policy (the owner or the contractor), how much coverage for property versus delay damage, and how to cover gross profits, loss of income and continuing expenses. Our panel will provide expert advice on how to evaluate policies considering pricing, location, environmental variables, and type of construction.
- Ownership of policy
- Amount of coverage
- Property damage
- Delay claims
- Lost gross profits, loss of income, continuing expenses
- 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:
- How do stakeholders determine who should hold the BRI policy?
- What factors do courts look at in determining whether a construction defect has caused physical damage or loss triggering BRI coverage?
- How have courts determined whether to award property damage versus delay claims?
- How have courts interpreted ensuing lost gross profits, loss of income, and continuing expenses?
- How are claims by multiple insureds arising out of the same event or occurrence treated?
James P. (Jamie) 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
Celia B. Waters
Saxe Doernberger & Vita
Exclusively representing policyholders, Ms. Waters focuses her practice on complex insurance litigation matters with a... | Read More
Exclusively representing policyholders, Ms. Waters focuses her practice on complex insurance litigation matters with a special focus on power, oil and energy. Since joining the firm, she has dedicated her time to a number of complex builder’s risk insurance coverage disputes on large construction projects and central utility plants across the country. Ms. Waters has also worked on professional liability coverage disputes associated with design-build projects relating to propane dehydrogenation and hydrocracking plants located in the Middle East.Close
Philip B. Wilusz
Saxe Doernberger & Vita
Mr. Wilusz focuses his practice on complex coverage disputes and litigation, with a particular emphasis on... | Read More
Mr. Wilusz focuses his practice on complex coverage disputes and litigation, with a particular emphasis on environmental and pollution issues, and serves a client base including national and international general contractors. He was co-author of a state-by-state survey on pollution exclusions and has written extensively regarding environmental issues.Close