Construction Defect Litigation and Insurance Coverage: What You Must Know and Do
The construction industry has been hounded by unprecedented threats and other legal pitfalls. Various claims for damage to property or persons arising from construction projects, often expose companies and individuals to the risk of costly litigation. In order to prevent or limit risks arising from such claims, general contractors, subcontractors, and owners must adopt an insurance program that will effectively mitigate the risks of claims and potentially provide a source for coverage and recovery.
In this LIVE webcast, construction litigators John D. North (Greenbaum Rowe Smith & Davis LLP) and Ashley B. Jordan (Reed Smith LLP) will provide an in-depth analysis of the fundamentals as well as recent developments in the fields of construction litigation and insurance. Speakers will also cover the best practices and effective tools in understanding insurance policies and procedures to maximize the potentials of an insurance coverage and provide more control on risk management.
Key issues that will be covered in this course are:
- Construction Litigation and Insurance Coverage: 2019 Perspective
- Recent Trends and Developments
- Common Risks and Pitfalls
- Identifying Red Flags
- What You Need to Know in 2020
Greenbaum Rowe Smith & Davis LLP
- A discussion of the operative provisions of a standard GL policy regarding the availability of coverage for alleged construction defects;
- Provisions and endorsements which may exclude coverage or result in unexpected coverage outcomes;
- The obligation of the carrier to defend claims that fall within the coverage provisions of the policy, regardless of the underlying merit of the claim;
- “Occurrences” or events that trigger coverage for alleged construction defects;
- Allocation of expense and indemnification obligations among carriers when there are multiple policies and carriers involved.
Reed Smith LLP
- Endorsements requiring the “occurrence” happen within the policy period.
- Endorsements requiring application of the manifestation trigger.
- “Anti-Montrose” and similar provisions.
- Policyholder defenses & coverage-maximizing strategies.
Who Should Attend:
- Insurance Companies offering Construction Insurance
- Contractors and Subcontractors
- Owners of Construction Projects
- Payroll Officers
- Human Resource Department
- Insurance Officers
- Insurance Lawyers
- Litigation Officers
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.
John D. North is chair of the Litigation Department at Greenbaum, Rowe, Smith & Davis LLP. He focuses his practice …
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.
Based in Reed Smith’s Los Angeles office, Ashley B. Jordan specializes in insurance recovery and risk management counseling for policyholders, …
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Method of Presentation:
General knowledge of construction and insurance laws
NY Category of CLE Credit:
Areas of Professional
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About Greenbaum Rowe Smith & Davis LLP
Greenbaum, Rowe, Smith & Davis is a multi-practice law firm serving local, regional and national clients. As one of New Jersey’s leading law firms, the firm brings diverse and comprehensive expertise to the representation of both businesses and individuals. For over 100 years, the firm has earned the trust and loyalty of clients by providing sophisticated, creative and cost-effective representation through collaborative teamwork, proactive legal strategies, attention to detail and relationship-oriented service.
About Reed Smith LLP
Reed Smith’s Insurance Recovery Group is dedicated to representing policyholders, and only policyholders, as an advocate in disputes with insurance carriers and as a counselor in the purchase of insurance products. Reed Smith’s Insurance Recovery Group is consistently ranked by U.S. News & World Report as the premier policyholder-side insurance recovery practice in the United States, with more than 80 lawyers in offices throughout the United States and in London. Reed Smith’s Insurance Recovery Group uses its unparalleled insight into the insurance market to navigate complex, high-stakes insurance disputes to sustained success.