Construction Builder's Risk and CGL Insurance: Scope of Coverage, Covered Losses, Exclusions, AI Endorsements

Mitigating Construction-Related Disputes; Key Challenges for Claims Under Builder's Risk vs. CGL Coverage

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


Conducted on Wednesday, January 29, 2020

Recorded event now available

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Program Materials

This CLE webinar will provide counsel for construction contractors and developers with an analysis of evolving coverage issues in builder's risk and CGL insurance for construction projects. The panel will discuss how these policies work to mitigate developer and contractor risks, the use of additional insured endorsements, problematic coverage issues, and potential pitfalls for the unwary.

Description

Construction projects are always at risk for economic losses from unanticipated property damage, additional soft costs, and revenue loss that result in unbudgeted costs that can threaten project completion. Builder's risk coverage is a crucial risk mitigation measure for building contractors and developers.

The starting point for the scope of builder's risk coverage is the requirements outlined in the contract documents. Coverage disputes often involve the insurance rights, tort liability, and contractual obligations of the owner, general contractor, subcontractors, and design professionals. Coverage issues that counsel to builders and developers must consider who is covered, what is included, and when/how coverage applies. Because builder's risk policies are not standardized, coverage varies dramatically between insurers. Coverage disputes often arise over the types of costs recoverable and the coverage exclusions and exceptions.

Counsel often must also navigate the interplay between builder’s risk policies, CGL policies, and wrap policies. Frequently disputed and litigated issues under CGL policies include the various policy exclusions such as those which apply to damage to the project.

Listen as our authoritative panel guides you through the characteristics of builder's risk and CGL insurance policies and how these policies are used to mitigate developer and contractor risks.

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Outline

  1. Builder's risk policies
    1. Contractual requirements
    2. Scope of coverage
    3. Troublesome exclusions and conditions
    4. Common issues and practice pointers
  2. CGL policies
    1. Scope of coverage
    2. Exclusions and exceptions to exclusions
    3. Costs recoverable
  3. Wrap policies
  4. Additional insured endorsements

Benefits

The panel will review these and other key issues:

  • What are the critical challenges for claims under builder's risk vs. CGL policies?
  • What does a typical builder's risk policy cover?
  • What are the standard exclusions and exceptions in builder's risk policies?
  • What occurrences do most CGL policies cover?
  • What are the standard exclusions and exceptions in CGL policies?
  • What is the difference between "additional named insured" and "additional insured"?

Faculty

Closson, Robert
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

Silberstein, Dawn
Dawn A. Silberstein

Partner
Wilson Elser Moskowitz Edelman & Dicker

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

Sullivan, Timothy R.
Timothy R. Sullivan

Practice Group Chair – Insurance Coverage And Bad Faith Litigation / Partner
McCormick Barstow

Mr. Sullivan’s practice focuses on insurance coverage and bad faith. In addition to over 25 jury trials, he has...  |  Read More

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