Session 5 - National - A Perfect Marriage: Resiliency and Insurability

• Speakers:

• Donna Friis, Envista Forensics

• Harry Hoyt, ICAT Catastrophe Insurance

• Heather Thomas, Hall & Evans, L.L.C.

• James Wood, Hanover Insurance

Bigger, stronger, and more devastating – these three words are often used synonymously to describe the catastrophes of recent memory. Whether the result of a wildfire, tornado, flood, or hurricane, these catastrophes are not a new phenomenon, but rather are getting more intense and more frequent. The design and construction industries are taking notice, as is the insurance world. Adapting to the new normal of weather events and climate change has defined the need for resilient and sustainable construction of tomorrow. Is there negligence with design and construction professionals ignoring warning signs and building to the same standards; or is there a duty to prospective owners in preparing for what is expected and/or anticipated? Acknowledging the necessity for resilient construction is the first step in insurability of new roads, bridges, and buildings. Resilient construction can be designed to weather storm events and survive future, bigger events. The result is insurability of design and construction professionals on such projects coupled with the decreased risk in re-building after every wildfire or hurricane. Disruptive events may not be avoidable, but they can be better prepared for and managed. 
 

Session 5 - National - New Building Products and Systems: What You Don't Know Will Hurt You

• Speakers:

• June Bott, JENSEN HUGHES, Inc.

• Jan Christian, CNA Insurance

• William Cornell, Preg O’Donnell & Gillett

• Rebecca Fowler, National Claim Services LLC

• Jack Levy, GLB, PC

Ready to learn about the risks inherent in untried and inadequately vetted products and systems? The panelists for this session will provide a timeline-based presentation beginning with the process of selecting materials, their installation, and what can happen when things go wrong. 
 

Session 5 - National - Supersized: Analyzing and Defending Claims Involving Large Single-Family Homes

• Speakers:

• Paul Bennett, Exponent

• Robert Daniel, Hiscox

• Ryan Williams, Wilson Elser

Throughout the nation’s cities, suburbs, and vacation towns the industry has experienced significant growth in the construction of large, multi-million-dollar homes in the past decade. In addition to the practical challenges of building a home with more complicated plans and higher technical demands on builders, such projects present unique challenges to claims representatives and attorneys.

This session will address a wide variety of issues including claims handling considerations, claims investigation considerations, damages considerations and pricing, and litigation strategy. Panelists will include a claims professional, an attorney, an engineer, and a cost expert, each with extensive experience with claims involving large single-family homes.

Session 6 - National - Civility and Ethics: Wherefore Art Thou?

• Speakers:

• John Lupfer, Suffolk Construction Company, Inc.

• Richard Seely, Kahana Feld, LLP

• Sheila Totorp, Great American Custom Insurance Services, Inc.

• Courtney Winzeler, Lorber, Greenfield & Olsen, LLP

This session will present an examination of civility among lawyers based on a discussion and analysis of the LaSalle v. Vogel opinion issued in 2019. Presenters will first discuss appellate decisions focusing on the lack of civility among lawyers and proceed into the need for attorneys to be civil towards one another. There also will be a review of both statutes and professional rules of conduct that mandate cooperation in all litigation. Attorneys and carrier representatives will offer insight as to how each level of claim litigation is affected by civility or the lack thereof. Opinions and cases will be discussed as historical benchmarks, but the discussion will include structured remarks and outlines, as well as personal observations, which are not case or fact specific.
 

Session 6 - National - Don't Miss the Forest for the Trees

• Speakers:

• Donna MacConnell, IMA

• Julia Manganaro, Navigators, A Brand of The Hartford

• Mike Melendez, Kennedys

• Wendy Testa, Wilson Elser

A Pyrrhic victory is one that comes with such a devastating toll on the victor that it is tantamount to a defeat. The toll inflicted by such a victory negates any benefit achieved by winning. Claims professionals, especially in the construction defect context, are often faced with “winnable” cases — cases where the underlying claims against the insured are weak or where coverage is questionable. In those situations, a claim professional must keep his or her eye on what matters most for the company and this often requires a balancing act. Should the company insist on trying a weak case against an insured or enter into a settlement? Where coverage is questionable, should the company defend, deny, or bring a declaratory relief action? When and how hard should the company assert a position to establish an important precedent? This presentation will explore various considerations when faced with a “winnable” case.
 

Session 6 - National - Managing Life and Business During and After a Pandemic

• Speakers:

• Robert H. de Flesco, Cole, Scott & Kissane, P.A.

• Dan Ducommun, MC Consultants, Inc.

• Stephanie Hillman, Vela Insurance Services LLC

• Michael Hinojosa, National Claim Services LLC

The unthinkable happened. The world stopped to slow the spread of the coronavirus. During such challenging times, how do law firms continue to meet and exceed client demands? How does the insurance industry do the same? What insurance policies are implicated? What lawsuits emerge? What exactly is the “new normal?” Shaking hands is out, tele-life is in.

Without question, the coronavirus caused our industries to re-think everything. Law firms had to manage an ever-changing judiciary, opposing counsels, and an already-packed schedule of depositions and mediations. The insurance industry may have been ahead of its time. For years, many claims professionals have been working from home. They already had the infrastructure to handle a remote-heavy lifestyle.

Come join us in this exciting presentation to discuss the challenges, solutions, and lessons learned from the coronavirus pandemic.
 

Session 7 - National - Managing Product Liability Exposure in Construction Litigation

• Speakers:

• Kurt Ahlich, ARCCA, Inc.

• Brian Eves, Unknown

• Brigitte Smith, Wilson Elser

• Sam Terzich, GB Specialty (Division of Gallagher Bassett)

Let's talk about managing product liability exposure in construction litigation. The claim that a construction product is defective is quite often made by the Plaintiff(s) in a construction defect action. This claim could be about the windows, the siding, the roof tiles, fire sprinklers, a plumbing fitting, or all of these products. However, the laws that apply regarding products liability are not the same in many respects as the laws that apply to builders and subcontractors. Although sometimes intertwined with faulty workmanship, product manufacturers, suppliers, and distributors have unique exposure created by the strict liability, breach of warranty, and negligent design and manufacturing claims that they face. Join the panelists to discuss the classic battle between an installer and a product manufacturer/supplier. Defense and coverage strategies will be explored.
 

Session 7 - National - Navigating the Right to Repair Laws: Opportunities for Failures and Strategies for Success

• Speakers:

• Lisa Cappelluti, Gordon Rees Scully Mansukhani

• Timothy Earl, Sullivan Hill Rez & Engel, APLC

• Eric Michna, Willis Towers Watson

• Dennis Morey, DPR Construction

• Jody Smith, JAS Risk Advisors

• Laura Sorenson, Johnstone Moyer, Inc.

What are the key aspects for consideration in resolution of pre-litigation disputes in conjunction with presentation of repair solutions for both residential and commercial projects? Also, what happens when there are several types of pre-litigation resolution options for construction claims?  Dig in here as panelists address the benefits and challenges of these types of resolution approaches from the contractor, carrier, risk manager, and insurance coverage perspectives including carrier, coverage counsel, and defense counsel tips on handling construction claim issues. 
 

Session 8 - National - How the Coronavirus Affects Active Construction Projects

• Speakers:

• Amy Blumenthal, KutakRock L.L.P.

• Samantha Gottlieb, DWF Claims

• Cynthia Rouse, Old Republic Contractors Insurance Group

• Gary Strong, Gfeller Laurie LLP

How does COVID-19 affect active construction projects? The panel will discuss who bears responsibility for delays, insurance-related issues, cancelling contracts, and how doing so would affect subcontractors and/or receipt of material from areas affected by Coronavirus.
 

Session 8 - National - TIMBER! Wood Building Construction – Its Pros, Cons, and Claims

• Speakers:

• Rose Hall, AXA XL

• Terence Kadlec, MC Consultants, Inc.

• Keegan Petty, J.S. Held LLC

• Christopher Teske, Pipes Miles Beckman, LLC

• Franklin Turner, Rogers Townsend, LLC

Wood building is increasing in prevalence and complexity, both in commercial and residential markets. Over 44 TALL WOOD buildings are underway in the last six years - and with this boom comes a variety of claims ranging from construction defect to workers compensation to subcontractor default. In this session we will explore the common elements that drive most wood construction claims. We will explore recent trends in wood construction: changes in building code allowances (sometimes conflicting with fire department capabilities); the varying properties of wood; and, prefabricated and pre-engineered assemblies. Are we safe in these taller wood structures? What types of wood-related failures can we expect? Fire, decay, defect, pests, seismic events. We will discuss what has transpired in the past year on this emerging risk, continue to explore trends around how and why these claims arise, how they are managed (and mismanaged), and what the outcomes of these legal disputes can mean for the industry.
 

Session 8 - West - Have You Looked at Your Balcony Lately?

• Speakers:

• Mark Hopkins, Guardian Group

• Jason Jurado, BITCO Construction Group

• Brian Kahn, Chapman Glucksman

• Mark Oertel, Lewis Brisbois Bisgaard & Smith, LLP

There have been a series of notable wood structure collapses around the country, including the collapse of a cantilevered balcony in Berkeley in which six people died. In response California has implemented mandatory inspections for elevated structures for both apartments and condominiums at regular intervals. This presentation will review which structures must be inspected, the scope of the required inspections, how frequently and what must be done post inspection. We also will review who can perform these inspections, requirements of the inspections, and potential liabilities for the inspector.
 

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