Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features:

Transcription

1 Presenting a live 90-minute webinar with interactive Q&A Builder's Risk and CGL Insurance for Construction Projects: Mitigating Developer and Contractor Risks Evaluating Scope of Coverage, Covered Losses, Policy Exclusions, Additional Insured Endorsements and More TUESDAY, MARCH 17, pm Eastern 12pm Central 11am Mountain 10am Pacific Today s faculty features: Jennifer A. Cranston, Shareholder, Gallagher & Kennedy, Phoenix James M. Hoey, Partner, Clausen Miller, Chicago John R. Musitano, Jr., Partner, Cox Castle & Nicholson, Los Angeles The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions ed to registrants for additional information. If you have any questions, please contact Customer Service at ext. 10.

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5 Builder s Risk and CGL Insurance for Construction Projects: Mitigating Developer and Contractor Risks John R. Musitano, Jr., Cox, Castle & Nicholson LLP jmusitano@coxcastle.com Jennifer A. Cranston, Gallagher & Kennedy PA Jennifer.cranston@gknet.com James M. Hoey, Clausen Miller PC jhoey@clausen.com CLE webinar on Tuesday, March 1:00pm EDT Strafford Live CLE Webinars 5

6 Overview & Introduction Insurance Goals as a Component of Comprehensive Risk Management Strategy Avoid, Minimize, Shift & Insure Risks Ever-Changing Market & Legal Environment 6

7 Types of Insurance Common Third Party Policies Commercial General Liability Insurance (CGL) Traditional CGL Policy Wrap-Up Policy (OCIP or CCIP) Excess/Umbrella Automobile (3rd party and 1st party) Workers Compensation Errors & Omissions (E&O)/Professional Liability Policies Directors & Officers (D&O) Employment Practices Liability Insurance (EPLI) 7

8 Types of Insurance First Party Property Insurance Commercial Property Builder s Risk Insurance 8

9 Insurance Alternatives Captives, Risk Retention Group Self-Insured 9

10 Key Insurance Documents Certificates of Insurance Evidence of Property Insurance Additional Insured Endorsements 10

11 Certificates of Insurance Evidence of liability insurance policies, including key policy terms (carrier, named insured, policy term, limits, cancellation, additional insureds) Key Issues Not binding on insurer Named Insured Limits and policy period Cancellation 11

12 Certificates of Insurance 12

13 Types of Insurers/Ratings Types of Insurers Ratings by A.M. Best Company Financial Strength Rating Financial Size Category 13

14 Builder s Risk Insurance Property Policies Builder s Risk Overview Compare vs. Standard Commercial Property and CGL Policies 14

15 Builder s Risk Insurance Property/Interests Covered Property covered Property not covered 15

16 Builder s Risk Insurance Property/Interests Covered Parties and additional interests covered When is the property covered 16

17 Builder s Risk Insurance Coverage Scope Physical Loss and Damage Requirement for direct physical loss and damage Key issues 17

18 Builder s Risk Insurance Coverage Scope Perils Covered Policy types All Risks or Special Causes of Loss Named Perils or Basic Form Policy forms 18

19 Builder s Risk Insurance Cover all damage during construction Key Exclusions, including faulty workmanship Exceptions to exclusions 19

20 Builder s Risk Insurance Valuation of Loss Insurable value of project Replacement cost means the actual cost to repair or replace the damaged property, without depreciation Compare, Actual cash value means the value of the property at the time of loss, in its depreciated condition 20

21 Builder s Risk Insurance Limits Policy limits Coinsurance Agreed Amount Endorsement Policy sublimits 21

22 Builder s Risk Insurance Soft Costs/Business Interruption Coverage Soft costs coverage Delay claims/business interruption coverage 22

23 Builder s Risk Insurance Waiver of Subrogation Third Party Policies By endorsement an express subrogation waiver endorsement from the carrier is required Automatic waiver many policies allow an insured to waive the carrier s right to subrogate as long as the insured s agreement was executed per a written contact before the loss 23

24 Builder s Risk Insurance Key Policies Conditions Notice and proof of loss Suit Limitations 24

25 Commercial General Liability Insurance CGL Policy Types CGL Policy Forms 25

26 Commercial General Liability Insurance Coverage for Bodily Injury and Property Damage Personal and Advertising Injury Coverage Duty to Defend and Duty to Indemnify 26

27 Commercial General Liability Insurance Key Construction-Specific CGL Issues Triggers of Coverage Construction defect as an occurrence 27

28 Commercial General Liability Insurance Timing of Property Damage Damage/loss occurring during policy period Progressive losses Allocation between multiple policy periods and insurers 28

29 Commercial General Liability Insurance Other procedural issues Jurisdictional split over coverage for post-demand but pre-lawsuit repairs Timing of tender and insurer s approval of settlement 29

30 Commercial General Liability Insurance Interplay with Builder's Risk Coverage CGL coverage excess of builder's risk coverage CGL exclusions for damage to project during course of construction Exclusions applicable to property damage during ongoing operations 30

31 Commercial General Liability Insurance Policy Limits Per occurrence limit General aggregate limit Products/completed operations aggregate Defense costs inside or outside limits? Per Project Aggregate Limits Endorsement 31

32 Commercial General Liability Insurance Who is an Insured? Named Insureds, Additional Named Insureds, automatic insureds 32

33 Commercial General Liability Insurance Excess Liability Policy Umbrella Policy 33

34 Commercial General Liability Insurance Deductibles Self-Insured Retentions 34

35 Addressing Builder s Risk And CGL Interface Negotiating policy forms Noninsurance risk management strategies Managing dual track tenders 35

36 THANK YOU! John R. Musitano, Jr., Esq. Partner Cox, Castle & Nicholson LLP 2029 Century Park East Suite 2100 Los Angeles, CA P: E: Jennifer A. Cranston, Esq. Shareholder Gallagher & Kennedy PA 2575 East Camelback Road Suite 1100 Phoenix, AZ P: E: James M. Hoey, Esq. Partner Clausen Miller PC 10 South LaSalle Street Chicago, IL P: E: 36