Construction OCIP/CCIP Insurance Programs: Potential Coverage Gaps and Other Coverage Pitfalls

Coordinating With Other Policies; Navigating Issues With Unenrolled Subs, Additional Insured Issues and More

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


Conducted on Tuesday, April 4, 2017
Recorded event now available


This CLE webinar will analyze some of the potential coverage gaps and other coverage pitfalls possible in owner controlled insurance program (OCIP) and contractor controlled insurance program (CCIP) policies, and practical steps that the wrap sponsor and subcontractors can take to prevent or limit risk exposure.

Description

OCIP and CCIP policies are designed to reduce costs on construction projects and provide owners and contractors more control over risk management. Once the province of very large commercial contracts, these wrap programs have become more common in recent years, partly due to the increase in construction defect litigation.

While designed to include owners, general contractors, and subcontractors under one insurance program, there can be coverage gaps and other coverage pitfalls with wrap policies, especially if the programs are not set up and implemented carefully.

Key issues include the proper enrollment of subcontractors, and the interplay with CGL and other insurance policies of both the sponsor and the subs. Without careful consideration to the policy forms, e.g, “other insurance” provisions, the goal of optimizing the coverage from the intended primary policy may be frustrated.

Listen as our authoritative panel of insurance attorneys analyzes coverage gaps and other pitfalls that may arise in OCIP/CCIP policies. The panel will discuss practical steps OCIP/CCIP sponsors and subcontractors can take to prevent or limit risk exposure.

Outline

  1. Brief overview of OCIP/CCIP policies
    1. Purpose
    2. Pros and cons
  2. Enrolling subcontractors
    1. Who is included, who is not?
    2. Proper enrollment
  3. Interplay with workers’ compensation policies
  4. Interplay with owner, contractor and subcontractor standard CGL policies: endorsing standard policies to reflect the OCIP/CCIP
  5. “Other insurance” and priority of payments in competing policies
  6. Issues that arise with additional insureds
  7. Insolvency of OCIP/CCIP carrier

Benefits

The panel will review these and other key issues:

  • How should the policy form and endorsements in CIP policies be drafted to ensure that the CIP policy coverage is optimized and pays on a primary, non-contributing basis?
  • What must the subcontractor do to enroll in the wrap plan and what are the consequences for the sub’s failure to enroll?
  • What is the interplay between CIP and builder’s risk policies and how should endorsements in CIP policies be drafted to reduce potential gaps between the two policy types?
  • What is the interplay between CIP policies and a contractor’s or subcontractor’s own CGL insurance and issued additional insured endorsements?

Faculty

Finley T. Harckham, Shareholder
Anderson Kill, New York

Mr. Harckham regularly represents and advises corporate policyholders in insurance coverage matters. He has successfully litigated, arbitrated and settled hundreds of complex coverage claims. His areas of particular focus include property loss, business interruption, directors and officers liability, construction, professional liability, aviation liability and general liability claims. He also founded two Anderson Kill non-legal subsidiaries, Anderson Kill Insurance Services, LLC, and Anderson Kill Loss Advisors, LLC, which provide insurance consulting and property and business interruption loss quantification and settlement services.

John R. Musitano, Jr., Partner
Cox Castle & Nicholson, Los Angeles

As a Member of the firm’s Risk Management and Insurance Team, Mr. Musitano resolves insurance coverage, real estate and construction litigation disputes. He represents owners, developers, contractors and investors in both litigation and transactional matters involving complex and diverse exposures. Mr. Musitano is a frequent author and lecturer on construction and insurance law topics.

Larry P. Schiffer, Partner
Squire Patton Boggs (US), New York

Mr. Schiffer practices in the areas of commercial, insurance and reinsurance litigation, arbitration, and mediation. He also provides advice on coverage, insurance insolvency, and contract wording issues for a wide variety of insurance and reinsurance relationships. He is active in legal and insurance industry associations where he has held various leadership positions. Mr. Schiffer has lectured in the U.S. and the UK, and has been widely published on reinsurance and other insurance, litigation, and technology topics in various national and international journals and publications.


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