Construction Defect Litigation and Insurance Coverage: What You Must Know and Do

John D. North is chair of the Litigation Department at Greenbaum, Rowe, Smith & Davis LLP. He focuses his practice in litigation, with an emphasis on trial practice. Mr. North has tried jury and non-jury cases in state and federal courts, including over 75 jury cases to verdict. He is certified by the Supreme Court of New Jersey as a Civil Trial Attorney. A significant portion of Mr. North’s practice is devoted to construction litigation and to the defense of catastrophic injury and other high exposure cases in the areas of negligence, public entity liability, and professional liability. Mr. North is a Fellow of the American College of Trial Lawyers and of the International Academy of Trial Lawyers. He is listed in Super Lawyers, Benchmark Litigation, Chambers USA and in four practice areas in Best Lawyers including “Bet-the-Company” Litigation. Mr. North is the author of the evidence treatise A Trial Lawyer’s Strategic Guide to the New Jersey Rules of Evidence, and is the only New Jersey lawyer selected as a principal author of Business and Commercial Litigation in Federal Courts, contributing the chapter in the treatise devoted to Medical Malpractice.

Based in Reed Smith’s Los Angeles office, Ashley B. Jordan specializes in insurance recovery and risk management counseling for policyholders, with an emphasis on construction-related disputes and risk. Ashley assists developers, project owners, general contractors, manufacturers, design professionals, and other construction industry participants resolve high-stakes insurance coverage and bad faith disputes involving commercial, residential, industrial, and public works construction projects. When a loss has occurred, she advises clients on the presentation of claims and guides them through the claims process. When carriers fail to adhere to their obligations, Ashley secures, in litigation or alternative dispute resolution, defense and indemnification for third party liabilities and insurance recoveries for first party losses under a wide variety of policies including:

• Commercial General Liability (CGL)
• Builders Risk
• Owner and Contractor Controlled Insurance Programs (OCIPs and
• CCIPs)/Wrap Policies
• Professional Liability
• Errors and Omissions (E&O)

As part of her risk management practice, Ashley drafts and counsels clients on indemnity, additional insured, and required insurance provisions in contracts with downstream parties. She also mitigates risk for clients by conducting insurance program audits to identify gaps in coverage. Post-audit, Ashley drafts and negotiates insurance policy language with brokers and directly with underwriters to eliminate gaps.

Having practiced exclusively as an insurance recovery attorney, Ashley writes and presents frequently on coverage maximizing strategies for construction industry policyholders. For her pro bono work, Ashley successfully petitioned the Eleventh Circuit and Florida Supreme Court as amicus curiae co-counsel on an issue of first impression affecting the construction industry – whether a pre-suit notice of construction defect claim constitutes a “suit” under a Commercial General Liability policy. In addition to her work at the firm, Ashley serves as a member of the Executive Committee of the Real Property Law Section of the California Lawyers Association and the Steering Committee of the Construction Law Subsection of the Los Angeles County Bar Association.