Construction Defect Insurance Claims: Policyholder and Insurer Perspectives
Business Risk and Other Exclusions, Triggers, Priority of Coverage, and Contractual Risk Transfer
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide construction and insurance counsel with a review of evolving insurance coverage issues and recent key case law developments in construction defects claims. The panel will outline best practices for counsel to parties on either side of a dispute to resolve construction defect coverage disputes.
- Definition and number of occurrences
- Trigger of coverage
- Business risk and other exclusions
- Priority of coverage disputes
- Contractual risk transfer issues
The panel will review these and other key issues:
- Can a breach of contract or faulty workmanship alone ever give rise to an occurrence?
- What constitutes property damage caused by an occurrence?
- What are the standard "business risk" exclusions, and how are these exclusions routinely interpreted?
- How are questions of primary vs. excess coverage resolved?
- How are additional insured and certificate of insurance issues resolved?
Rebecca C. Applebaum
Gartner + Bloom
Frequently helping her clients navigate construction defect, personal and advertising injury cases, Ms. Appelbaum also... | Read More
Frequently helping her clients navigate construction defect, personal and advertising injury cases, Ms. Appelbaum also advocates for them when they encounter third-party liability defense, extra-contractual, automobile, and appellate matters. She has written and co-authored several articles about liability coverage for New Appleman on Insurance, Mealey’s Bad Faith Reporter, and the International Risk Management Institute. In addition, she contributed chapters to Defense Research Institute publications. She frequently speaks at insurance industry events including those organized by the Claims & Litigation Management Alliance, West Coast Casualty, and Perrin Conferences.Close
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
William E. (Bill) McGrath, Jr.
Mr. McGrath represents clients in complex commercial litigation matters in state and federal courts, focusing on... | Read More
Mr. McGrath represents clients in complex commercial litigation matters in state and federal courts, focusing on domestic and international insurers in claims involving insurance coverage and reinsurance. His practice also includes commercial, corporate, restrictive covenant and False Claims Act litigation. His practice includes the arbitration and mediation of insurance, reinsurance and other commercial disputes, he is a New Jersey (state) Court Rule 1:40 Qualified Mediator, and is certified as a mediator by the federal district court in New Jersey.Close