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The Seminar Newsletter

Upcoming Seminars Homestudy Courses General Information


in the Construction Industry

October 5, 2011 -- Seattle, WA










Order today and get 50% off downloadable products or 25% off printed homestudies.
Downloadable content must be viewed by October 4, 2012.

Prices currently listed on the website reflect the discount.

Washington courts are dealing with many emerging insurance coverage issues related to the construction industry. Construction cases that involve insurance often become insurance cases that involve construction.

Learn how to best avoid litigation and what to do if you can’t. Join our eminent panels of experts for a targeted overview and discussion of today’s hottest topics in construction risk management and insurance.

You will gain valuable insight on procurement issues currently faced by all risk managers with respect to general liability and property insurance.

  On Demand
   This seminar is available via On Demand,
which will allow you to view the recording from computer.   
                 Please read the System Requirements for the On Demand prior to ordering.                       
This Program will NOT currently work on a MAC.
There was a recent update to the media player and it is not compatible to the MAC.
Microsoft is working to fix this problem.

This seminar must be downloaded and viewed before it expires on October 4, 2012
If you have questions call 800-574-4852 or send an email to 

Credits: See the credit section for full information
WA CLE - 6.5 Self-Study Hours of MCLE Credit, including 1.0 Hours of Ethics Credit
Contractors & Engineers – May Qualify for Credit

Who Should Attend:
Attorneys & Legal Staff
Insurance Professionals
Real Estate Appraisers
Anyone Involved in the Construction Industry


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Wednesday, Oct. 5, 2011
8:30Introduction and Overview
Ashbaugh Beal LLP
Harper | Hayes PLLC
Thorsrud Cane & Paulich
Soha & Lang PS
8:40Current Issues Affecting Builder’s Risk and Course of Construction Claims
The “Cost of Making Good” Exclusion: Visions One v. Philadelphia Insurance and Sprague v. Safeco; A Discussion of “Resultant Damage” Coverage in Washington and around the Country
Gordon Tilden Thomas & Cordell LLP
Gordon Tilden Thomas & Cordell LLP
9:10Appellate and Construction Litigation Update
A Year’s Review of Case Law and Trial Court Decisions From Washington and Beyond Impacting Construction Insurance Disputes
Soha & Lang PS
9:55Resolving Construction Defect Claims Prior to Suit
Why are Construction Defect Disputes Taking the Filing of a Lawsuit and Three or Four Mediations to Resolve? An In-Depth Discussion of the 5 Prerequisites to a Successful Mediation—Investigation, Scoping, Pricing, Inter-Insurer Allocation, and Mediation; The Role of Project Scheduling and Project Management in Pre-Mediation Preparation; Balancing the Insurers’ Need for Evidence and Analysis with the Efficiencies of Pre-Suit Resolution
Ashbaugh Beal LLP
Thorsrud Cane & Paulich
10:30What is the Proper Role of the Broker’s Claims Department in the Claims Process
What Role Does the Broker’s Claims Personnel Play in Resolving Claims? What Do Brokers Do and Not Do? When Does a Policyholder Need Personal Counsel and When Do They Not?
Vice President, Marsh Claim Practice
Marsh Risk & Insurance Services
11:00Ethical Considerations in Defending and Resolving Construction Disputes Involving Insurance
The Duty of Good Faith Dealing: Is it Reciprocal? What is the Current Status of Tank v. State Farm? Must an Insurer Disclose to a Policyholder How Many Settlement Dollars May be Available Prior to Settlement Negotiations? How Does the Defense Bar Determine What Does and Does Not Involve “Coverage Issues”? Is a Defense Attorney Required to Participate in “Reasonableness” Procedures When the Attorney Does Not Believe the Settlement is Reasonable?
Phillips Wesch Burgess PLLC
12:00Lunch (on your own)
1:00The “Made Whole” Doctrine Under Washington Construction Insurance Law
Bourdeaux v. American Safety and Polygon v. ACOA in the Real World; Does the “Made Whole Doctrine” Apply to All Losses or only Those Legally Recoverable Against a Party to the Underlying Litigation? Does the Doctrine Apply in the Absence of Suit?
Law Office of Ronald S. Dinning
Phillips Wesch Burgess PLLC
1:30Current Market Conditions
Construction Insurance: New Forms and Endorsements; Coverage “Black Holes”; Is the market Hardening or Softening? Which Coverages Depend on Size and Clout of the Insured Contractor?
Contractors Bonding & Insurance Co.
2:00Allocation Issues When Multiple Insurers are Involved
How do Multiple Insurers Properly Perform Their Responsibilities? When an Insured has Coverage both as a Named Insured and as an Additional Insured, Which Has the Primary Duty to Defend? Should Allocation be Performed Before or During Mediation of the Underlying Dispute? Under What Circumstances, If Any, May Insurers Properly Refuse to Fund a Settlement on Account of Inter-Company Allocation Issues?
Helsell Fetterman LLP
Cairncross & Hempelmann PS
Hudson Youngblood
3:15Claims Made Insurance
Claims Made vs. “Occurrence” Coverage; What’s the Difference and Why Does It Matter? A Discussion of the History, Application, and Pitfalls of “Claims Made” Insurance in the Construction Industry
Bowers Foreman PLLC
Harper | Hayes PLLC
4:00Condo Coverage Issue Update
A Discussion of the Unique Coverage Issues and Strategies Affecting Conversion Condominiums.
Harper | Hayes PLLC
Lether & Associates, PLLC


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Richard T. Beal, Jr., Program Co-Chair, is a partner with Ashbaugh Beal LLP. His practice focuses on insurance coverage law and litigation for every kind of commercial policy holder, including construction company policyholders and parties to general commercial agreements. As a result, he is familiar with every aspect of Comprehensive General Liability, Builders Risk, and Landlord & Homeowners Policies, both primary and excess.

Gregory L. Harper, Program Chair, is a founding member of Harper | Hayes PLLC. Throughout his career, he has represented almost every conceivable type of commercial policyholder in insurance coverage disputes, including business owners, homeowner associations, commercial property owners, developers and general contractors. As a result, he is familiar with most insurance coverage forms in the market - Comprehensive General Liability, Builder’s Risk, Professional Liability, and First-Party Property insurance.

Thomas Lether, Program Co-Chair, is the Owner and Managing Shareholder of Lether & Associates PLLC. He has built his business with a simple approach: efficiency, client service, and results. He has been involved in insurance and commercial litigation since 1988. His primary clients include national insurance companies, several smaller insurers and independent adjusting firms. His practice predominantly involves the representation of insurance companies and individuals in the investigation, adjustment and defense of suspected fraudulent insurance claims.

Ronald S. Dinning is a former shareholder of Merrick Hofstedt & Lindsey PS and is now a sole practitioner whose work is focused on representation of and counsel to insurance companies in coverage and bad faith disputes. He has been named a “Super Lawyer” by Washington Law & Politics each year since 2004.

Linda L. Foreman is a partner with Bowers Foreman PLLC. Her practice is exclusively insurance coverage and litigation, generally representing policyholders in claims and lawsuits. Her primary focus is commercial property and liability coverage, including builder’s risk and construction defects.

Stephanie L. Grassia, CPCU, is a principal with Cairncross & Hempelmann PS. She practices in the areas of insurance and litigation. Her practice is primarily focused on disputes between policyholders and their insurance companies. She previously spent 12 years as a property and casualty commercial insurance broker.

Todd C. Hayes is a member of Harper | Hayes PLLC. He represents business owners in litigation, with an emphasis on insurance coverage and appeals.

Dale L. Kingman, a partner with Gordon Tilden Thomas & Cordell LLP, concentrates on complex insurance coverage disputes involving intellectual property, fidelity and commercial crime insurance, professional liability, errors and omissions and directors & officers insurance.

Haley K. Krug is an attorney with Gordon Tilden Thomas & Cordell LLP. She practices in a variety of civil matters, including policyholderside insurance coverage litigation, construction defect litigation, and other complex business disputes.

John D. Lewis, Vice President for the Seattle office of Marsh Risk & Insurance Services, provides consulting services for clients throughout the Pacific Northwest. His responsibilities include advocacy services concerning both complex and routine claims.

Jeffrey D. Thomas is general counsel and head of claims for CBIC Insurance in Seattle which has approximately 14,000 in force contractor liability insurance policies in Washington and Oregon. He came to CBIC from private litigation practice, and managed high rise and hospital construction projects for a number of years before law school.

Mark N. Thorsrud, a shareholder with Thorsrud Cane & Paulich, emphasizes insurance coverage and insurance defense matters. His experience includes product liability, professional liability, construction defects and injuries, and environmental remediation.

James P. Wagner, a principal with Cairncross & Hempelmann PS, has spent over 30 years in the practice of civil litigation, including insurance, construction and other complex commercial disputes. He has successfully represented property owners, developers, contractors, design professionals, financial institutions, investors, non-profit agencies and others in a variety of disputes.

Karen S. Weaver, an attorney with Soha & Lang PS, focuses primarily on insurance coverage and bad faith issues. Her areas of expertise include coverage opinions, litigation and appellate representation, environmental law, and construction defect coverage.

Angelia D. Wesch is a founding member of Phillips Wesch Burgess PLLC, a firm founded to provide experienced, client-focused legal services exclusively in the areas of real estate, land use, construction, and related insurance coverage law.

Deborah J. Youngblood is a partner at Hudson Youngblood. She has limited her practice in the past 21 years to assisting insurance companies with resolution of property and casualty insurance coverage issues and serving as a mediator and arbitrator.


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This seminar is approved for the following credits

This course is approved for 6.5 hours of Washington MCLE credit including 1.0 hours of ethics credit by the Washington State Bar. Self-Study credit may be available. (Live Credits for Attending & Webcast)

This course has been approved by the Washington State Bar for 6.5 self-study hours of Washington MCLE credit, including 1.0 hours of ethics credit.

WA Real Estate Appraiser
This course is approved by the State of Washington, Dept. of Licensing, Real Estate Appraisers Section for 8.0 hours. (Live Credits for Attending ONLY)

WA Insurance
This course is approved by the State of Washington, Office of the Insurance Commissioner, for 8.0 credit hours including 1.0 ethics hours. (Live Credits for Attending ONLY)

Contractors & Engineers
Contractors and engineers may qualify for continuing education hours through the American Institute of Constructors & Construction Management Association of America.

If this seminar has not been approved for the credits you require, let us know and we will look into it for you.

Information on Continuing Education Credits


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Attorney* $495.00
2 or more* $470.00
Government / Non-Profit* $395.00
New Associate* $360.00
Other Professionals* $360.00
Other Professionals* $297.00
Other Professionals* $297.00
Other Professionals* $297.00
Other Professionals* $297.00
Student* $297.00
All Sessions $93.00
All Sessions $390.00
All Sessions $390.00
All Sessions $50.00
All Sessions $247.00
On Demand Session 1 $27.00
On Demand Session 2 $20.00
On Demand Session 3 $23.00
On Demand Session 4 $20.00
On Demand Session 5 $40.00
On Demand Session 6 $20.00
On Demand Session 7 $20.00
On Demand Session 8 $40.00
On Demand Session 9 $30.00
On Demand Session 10 $30.00
Attorney $495.00
2 or more $470.00
Government / Non-Profit $395.00
New Associate $360.00
Other Professionals $360.00
Other Professionals $297.00
Student $297.00

* Indicates that the rate is available for attending in person and Live Webcast

Fee Description

Cancellation Policy

We will refund your tuition less a $50 cancellation charge if we receive your cancellation by 9/29/2011.


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This seminar is being held at:
Grand Hyatt Seattle
721 Pine Street
Seattle, WA 98101
Phone: 206-774-1234
Please call the hotel for directions/questions.
Get directions to seminar location.


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Download brochure to get a printable version of all seminar information.


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Register now.

Click here for more information regarding registration.

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Phone: 800-574-4852 Fax: 866-435-3444

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