For over a decade, the CLM Construction Conference has been the largest gathering of insurance and litigation professionals serving the claims industry. Each year, it brings together hundreds of risk managers, claim managers, attorneys, and builders from across the country.
Not My Means and Methods: The History and Future of the Privette Doctrine
Cheryl L. Kozdrey, SDV
Bert Dizon, Gallagher Bassett Services, Inc.
Michael Larin, Lynberg & Watkins
Rodrick Reed, Arch Insurance Group Inc.
September 22, 2022 at 10:45 AM
With the Privette Doctrine, the principle established by the California Supreme Court is the “strong presumption of delegation rooted in the rationale that landowners usually have no right to control an independent contractor’s work, contractors consider the cost of safety precautions and insurance in their contract…” However, California courts have created exceptions to the rule, specifically with the Hooker and Kinsman exceptions. The Hooker exception focuses on the principles of retained control over the contractor’s work; and the Kinsman exception deals with whether the landowner knew or should have known of a concealed hazard on the property and the ramifications of that knowledge if not communicated to the contractors. There have been two recent decisions in the last 6 months regarding the Privette Doctrine and the exceptions to the rule. This presentation looks at the history and recent decisions affecting the Privette doctrine and all of the coverage issues, including additional insured, joint defense agreements, and assignment of counsel.
The Alternative to Alternative Dispute Resolution: Arbitration in Construction Matters and Beyond
Michael Pepe, SDV
Matthew Adler, AXA XL
Michael Coffey, Coffey Modica O’Meara Capowski LLP
David Hess, National Claim Services Inc.
James Mason, ARCCA, Inc.
September 22, 2022 4:00 PM
Unfortunately, many construction projects end in dispute and the parties frequently find themselves in the middle of uncharted territory—arbitration! Join us as we explore the pitfalls, debunk the myths, and discuss the benefits of arbitration in construction disputes.
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