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 video 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.
Outline
- Definition and number of occurrences
- Trigger of coverage
- Business risk and other exclusions
- Priority of coverage disputes
- Contractual risk transfer issues
Benefits
The panel will review these and other key issues:
- Can a breach of contract or faulty workmanship 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?
Faculty
James P. (Jamie) Bobotek
Partner
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.
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Jorge A. Maza
Partner
Hinshaw & Culbertson
Mr. Maza exclusively represents insurers in insurance coverage, bad faith, and commercial litigation matters. He... | Read More
Mr. Maza exclusively represents insurers in insurance coverage, bad faith, and commercial litigation matters. He handles high-exposure insurance disputes involving commercial general liability, errors and omissions, environmental, surety, reinsurance, and commercial property claims. Mr. Maza also counsels clients on claims handling and policy drafting. He frequently lectures on emerging insurance topics and leads seminars for clients on trends in the law, bad faith avoidance, and claims handling protocols.
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