Learn about the very latest developments in insurance law from leading lawyers and insurance professionals at the annual Insurance Coverage Litigation Committee CLE Seminar. Join us at ABA ICLC for cutting-edge and informative plenary, breakout, and roundtable programs; valuable networking events; and a variety of outdoor activities only Tucson can offer.
Policy Limits Demands: The Good, the Bad and the Ugly
March 7, 2024 - 2:30 PM - 3:30 PM MST
Kelly A. Johnson, Saxe Doernberger & Vita, P.C.
Jennifer C. Kalvestran, Anderson, McPharlin & Conners, LLP
Amanda K. Anderson, Boyle, Leonard & Anderson, PA
Seth M. Friedman, Lewis Brisbois Bisgaard & Smith, LLP
This panel presentation will focus on emerging issues related to the issuance and response to policy-limits demands, including newly adopted statutes in California and Georgia. That discussion will include the similarities between the two statutes and the intent of these statutes to avoid the bad faith “trap” that typically involves policy-limits demands. Second, certain strategies and tactics will be discussed, from a carrier and policyholder perspective, methods to effectively and efficiently resolve dispute in which a policy limits demand was issued, including the response and negotiation of a policy limits demand, either to address timing issues in responding to the demand, requesting additional information, or negotiating to an amount that may differ from the initial demand, based on settlement value and other factors. Finally, panelists will discuss, from defense counsel perspective, their role in participating, negotiating, and facilitating the resolution of an action against his or her client (the insured), when a policy limits demand is issued to the carrier, and/or when the initial demand is subject to negotiation.
The Interplay Between Builder's Risk and CGL Policies in the Construction Industry
March 8, 2024 - 10:45 AM - 11:45 AM MST
K. Alexandra O'Neill, Saxe Doernberger & Vita, P.C.
Samantha M. Oliveria, Custom House Risk Advisors
Rodrigo Garcia, Thompson Coe Cousins & Irons, LLP
Stella Lane, Markel
Through a discussion of claim examples, the panel will address scenarios involving property damage on construction projects and how builder’s risk and general liability insurance may respond. The panel will address the fundamentals of the insuring agreements, the nuances of triggering coverage, the impact of waiver of claim provisions in construction contracts, and potential exclusions that may leave the project exposed and losses uninsured.
Identifying, Avoiding, Mitigating, and Insuring Environmental Risk in Construction
March 8, 2024 - 1:05 PM - 2:20 PM MST
Tracy Alan Saxe, Saxe Doernberger & Vita, P.C.
Joe Poliafico, CRP
As new property development is focused on the inner city, waterfront properties, and other historic industrial sites, routine contracting practices may yield environmental hazards and these exposures are not restricted to environmental contractors; GCs, CMs, trades, and Owners all have exposure. This session will explore and present how these issues can be identified and properly addressed during due diligence, pre-construction, insurance and contracting mechanisms.
1. Identification of the specific environmental issues.
2. Insurance coverage types for environmental related losses.
3. Claims mitigation and handling strategies.
To register or to learn more, click here.