13.0 Credits, incl. 1.0 Ethics & 1.0 Technology

This course has been approved by The Florida Bar for 13.0 general CLER credits, including 1.0 ethics and 1.0 technology. 13.0 credits apply to Construction Certification (Live Credits for Webcast).

FL CLER

11.25 Credits, incl. 1.0 Attorney Professional Conduct Instruction Credits

This course has been approved by the Supreme Court of Ohio Commission on Continuing Legal Education for 11.25 total CLE hour(s), with 1.0 of attorney professional conduct instruction (Live Credits for Webcast). Credits for recorded courses not available.

OH CLE

This course has been approved by the IRMI for 6.0 hours of CRIS reaccreditation credits (Live Credits for Webcast). If you plan to attend the webcast and need CRIS credits please let us know in advance. We will need to add extra viewing verification for you to receive credits. Credits for recorded courses not available.

IRMI

Given the fast pace of today’s business world and the everchanging world of construction growth, understanding the current state of the law with respect to construction insurance coverages is paramount for those involved in the construction industry as owners, contractors or industry professionals. Insurance for Construction Claims impacts all demographics, all organizations, and all businesses whether public or private.

	This seminar will address ethical considerations in a complicated defense, recent case law and legislative updates, coverage issues with respect to CGL, Builder’s Risk, OCIP and Subguard Policies, use of bonds, Additional Insured endorsements, and effective mediation strategies. This seminar is important for anyone who is involved in or services the construction industry.

Wm. Cary Wright, Program Co-Chair, is Chair of Carlton Fields’ Construction Practice Group and has extensive experience representing clients in construction disputes, including construction claims, defective products, water intrusion; construction liens; insurance coverage matters; risk management; bond claims; and other contract disputes.

Wm. Cary Wright

Mark A. Boyle, Program Co-Chair, is the managing shareholder of Boyle Leonard &amp; Anderson PA. He practices in civil litigation, with a concentration in first and third party insurance disputes, including extra-contractual and bad faith matters. He represents corporate and individual policyholders in insurance/risk management counseling and litigation.

Mark Boyle

Michael Jay Rune II, a shareholder with Carlton Fields, has over 20 years’ experience representing owner/developers, contractors, sureties, subcontractors &amp; suppliers in nearly all aspects of the construction industry and in large-scale commercial construction projects. He has handled construction, surety, fidelity and related insurance matters.

Michael Rune II

Amanda K. Anderson is a partner at Boyle Leonard &amp; Anderson PA. Her practice focuses primarily on the representation of business policyholders, typically contractors, relative to various risk transfer issues in the commercial general liability context, insurance claim representation, bad faith and commercial and business litigation and appeals.

Amanda Anderson

Rebecca C. Appelbaum is a litigation attorney at Gartner + Bloom PC. She focuses her legal counsel on representing insurers addressing third-party liability coverage issues. She helps clients navigate construction defect, personal and advertising injury cases. She has written and co-authored several articles about liability coverage.

Rebecca Appelbaum

Christine A. Gudaitis is a shareholder with Ver Ploeg &amp; Marino PA. She concentrates her practice on insurance recovery and complex insurance coverage litigation, representing corporate policyholders in state and federal courts in Florida and nationwide. She also helps corporate clients assess and manage risk through insurance programs.

Christine Gudaitis

<a href="https://www.kdvlaw.com/professional/joseph-r-miele-jr/" target="_blank"></a>Joseph R. Miele, Jr. is a partner at Kaufman Dolowich &amp; Voluck LLP. For over 25 years he has represented insurers in a variety of insurance matters. He defends insurers in coverage and claim-handling disputes with particular expertise in construction defect, first-party losses, employment and environmental/toxic tort policy disputes.

Joseph Miele, Jr.

Scott P. Pence is a shareholder at Carlton Fields where he is a member of the Construction Practice Group and the Real Estate and Finance Practice Group.&nbsp; He is Board Certified in Construction Law by The Florida Bar and his practice focuses primarily on representing developers, owners, contractors, subcontractors and design professionals.

Scott Pence

<a href="http://insurance-counsel.com/ellen-c-smith-esquire/" target="_blank"></a>Ellen G. Smith is a shareholder with Boyle Leonard &amp; Anderson PA. She focuses her practice on&nbsp;insurance coverage disputes, insurance claim presentation, bad faith matters, and appeals.

Ellen Smith

Robert H. Friedman, founder of Friedman PA, is nationally-recognized as one of the leading Florida insurance lawyers exclusively representing policyholders. He acts as outside coverage counsel to some of the largest and most respected corporations in Florida.

Robert Friedman

Michel A. Morgan&nbsp;is a Senior Associate General Counsel at Universal Property &amp; Casualty Insurance Company where she oversees the resolution of various types of property damage claims within its Legal Department.

Michel Morgan

Senior Associate General Counsel

Amanda B. Buffinton is a partner with Shutts &amp; Bowen LLP and a member of the Construction Litigation Practice Group. She specializes in the litigation and arbitration of complex claims related to professional negligence and design errors and omissions. She also regularly represents design professionals, contractors, owners and developers.

Amanda Buffinton

Gerald T. Albrecht, President of Albrecht Mediation Services located in Tampa, Florida, is certified by the Florida Supreme Court as an Appellate and Circuit Civil Mediator and a Qualified Arbitrator. Before he mediated and arbitrated cases, he tried them for over 30 years.

Gerald Albrecht

President

Steven W. Teppler is a Member of Mandelbaum Salsburg PC and Chairs the Firm’s Privacy and Cyber Security Practice Group. He has been involved in cybersecurity and electronic discovery matters since 2000. Steven’s background is diverse and combines extensive technology and class action litigation and electronic discovery expertise.

Steven Teppler

John J. Jorgensen is&nbsp;President and Chief Executive Officer with Sylint Group, Inc. He formerly worked over 25 years for and with the National Security Agency and has provided management and inspiration at Sylint for 20 years.

John Jorgensen

President & Chief Executive Officer

Camilla J. Cohen is an attorney at Reed Smith LLP. She is a commercial litigator whose practice focuses on litigating, evaluating , and settling insurance coverage, bad faith, and unfair insurance practice disputes on behalf of policyholders in state and federal courts.

Camilla Cohen

Theresa&nbsp;Guertin is the Managing Partner with Saxe Doernberger &amp; Vita PC&nbsp;the Connecticut office.&nbsp;She has spent her entire career advocating on behalf of policyholders on issues involving all lines of coverage, focusing on giving her clients the most current and practical perspective of the risk management issues they encounter.

Theresa Guertin

Jorge A. Maza is a partner at Hinshaw &amp; Culbertson LLP. He represents domestic and international insurance companies in coverage litigation, bad faith, commercial general liability, environmental, commercial trucking and auto, errors and omissions, commercial property and business interruption, surety, and reinsurance matters.

Jorge Maza

4th Annual

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in the Construction Industry

Insurance

Live Webcast broadcast from Miami, FL

Due to growing health concerns regarding the spread of COVID-19, The Seminar Group has opted to hold Insurance in the Construction Industry seminar&nbsp;strictly webcast.


	Introduction and Overview


Introduction and Overview

<ul>
	<li>
		Single Family Home Stucco Litigation/Economic Loss Doctrine</li>
	<li>
		Class Actions</li>
	<li>
		More Cases
		<ul>
			<li>
				Construction Defects</li>
			<li>
				Delay Claims</li>
			<li>
				Extending Statute of Repose &ndash; Chapter 558</li>
			<li>
				Anti-Indemnity Statute</li>
		</ul>
	</li>
</ul>


	Recent Case Law and Legislative Update


Recent Case Law and Legislative Update


	Break


Break

<ul>
	<li>
		Rip and Tear, and Access Costs</li>
	<li>
		Common Exclusions and Exceptions to Exclusions</li>
	<li>
		Construction-Related Endorsements</li>
	<li>
		Trigger of Coverage and Anti-Montrose Provisions</li>
</ul>


	Commercial General Liability Insurance


Commercial General Liability Insurance


	Midday Break


Midday Break

<ul>
	<li>
		Update on Statue 624.1005</li>
</ul>


	Statute 624.1005 &ndash; Contribution Between Insurers for Defense Costs


Statute 624.1005 &ndash; Contribution Between Insurers for Defense Costs

<ul>
	<li>
		Pre-Mediation - Defining Insurance Resources Available to Deal with Construction Issues</li>
	<li>
		Pre-Mediation - Organization and Preparation to Isolate and Refine Coverage Issues</li>
	<li>
		Securing Necessary Authority and Final Decision Makers</li>
	<li>
		Allocating Claims to Scope of Work</li>
	<li>
		Structuring Mediation Process and Settlement Negotiations to Encompass Coverage Issues</li>
	<li>
		Establishing Negotiation Pathways</li>
	<li>
		Post Mediation &ndash; Downstream Settlement Programs&nbsp;</li>
</ul>


	Mediation is Not a Punchlist Item &ndash; Managing Insurance Coverage Issues in Construction Defect Litigation


Mediation is Not a Punchlist Item &ndash; Managing Insurance Coverage Issues in Construction Defect Litigation

<ul>
	<li>
		Unique Aspects of Discovery in Construction Insurance Claims</li>
	<li>
		E-Discovery</li>
	<li>
		Proper Management, Collection, Processing and Production of Electronic Records</li>
	<li>
		Emerging Issues and Key Cases</li>
</ul>


	Technology and Discovery Issues


Technology and Discovery Issues


	Adjourn


Adjourn

<ul>
	<li>
		Indemnification restrictions (Florida Statutes 725.06 and 725.08)</li>
	<li>
		Common modifications and endorsements that reduce or exclude coverage for indemnification</li>
	<li>
		Interplay between contractual indemnity provision and additional insured coverage</li>
	<li>
		Ensuring compliance with insurance requirements: requiring specific forms; the ACORD Certificate of Insurance (what is it good for?)</li>
	<li>
		Types of additional insured endorsements: broad form v. scheduled; historic changes to ISO forms; operations v. completed operations coverage</li>
	<li>
		Additional insured limits issues: limited to amount of insurance requirements? Order of limits (primary and non-contributory language); &ldquo;other insurance&rdquo; priority</li>
</ul>


	Risk Transfer &ndash; Contractual Indemnity and Additional Insured Issues in Construction


Risk Transfer &ndash; Contractual Indemnity and Additional Insured Issues in Construction

<ul>
	<li>
		Going Outside the Four Corners of the Complaint &ndash; Allowed or Not?</li>
	<li>
		The Need to Plead &ndash; Allegations of &ldquo;Damage to Other Property&rdquo; or &ldquo;Personal Property&rdquo; Necessary for Coverage</li>
	<li>
		No Soup for You &ndash; No Duty to Defend if No Duty to Indemnify?</li>
	<li>
		Ongoing Operations Coverage Only &ndash; Does it Trigger a Defense or Not?</li>
	<li>
		The 558 Conundrum</li>
</ul>


	Duty to Defend


Duty to Defend

<ul>
	<li>
		Triggering the Duty to Settle</li>
	<li>
		Written Demand to Settle</li>
	<li>
		Failure to Settle
		<ul>
			<li>
				Duty of Good Faith</li>
			<li>
				Breach of Fiduciary Duty</li>
			<li>
				Breach of Good Faith and Fair Dealing</li>
			<li>
				Negligence</li>
		</ul>
	</li>
</ul>


	Duty to Settle


Duty to Settle

<ul>
	<li>
		Difference Between Surety Products and Insurance Products</li>
	<li>
		Performance Bond Coverage v. Comprehensive General Liability Coverage</li>
	<li>
		Performance Bond Coverage v. SDI Insurance</li>
	<li>
		Proration Issues in Construction Defect Litigation</li>
</ul>


	Use of Bonds


Use of Bonds

<ul>
	<li>
		The Tripartite Relationship</li>
	<li>
		Conflicts Created by Insurer&rsquo;s Reservation of Rights</li>
	<li>
		Defending a Named Insured and an Additional Insured</li>
	<li>
		Wrap Program Considerations</li>
	<li>
		The &ldquo;Mutually Agreeable&rdquo; Counsel Requirement</li>
</ul>