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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, 2015 1pm 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 emailed to registrants for additional information. If you have any questions, please contact Customer Service at 1-800-926-7926 ext. 10.

FOR LIVE EVENT ONLY Sound Quality If you are listening via your computer speakers, please note that the quality of your sound will vary depending on the speed and quality of your internet connection. If the sound quality is not satisfactory, you may listen via the phone: dial 1-866-871-8924 and enter your PIN when prompted. Otherwise, please send us a chat or e-mail sound@straffordpub.com immediately so we can address the problem. If you dialed in and have any difficulties during the call, press *0 for assistance. Viewing Quality To maximize your screen, press the F11 key on your keyboard. To exit full screen, press the F11 key again.

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FOR LIVE EVENT ONLY If you have not printed the conference materials for this program, please complete the following steps: Click on the ^ symbol next to Conference Materials in the middle of the lefthand column on your screen. Click on the tab labeled Handouts that appears, and there you will see a PDF of the slides for today's program. Double click on the PDF and a separate page will open. Print the slides by clicking on the printer icon.

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 17 @ 1:00pm EDT Strafford Live CLE Webinars 5

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

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

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

Insurance Alternatives Captives, Risk Retention Group Self-Insured 9

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

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

Certificates of Insurance 12

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

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

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

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

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

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

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

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

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

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

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

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

Commercial General Liability Insurance CGL Policy Types CGL Policy Forms 25

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

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

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

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

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

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

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

Commercial General Liability Insurance Excess Liability Policy Umbrella Policy 33

Commercial General Liability Insurance Deductibles Self-Insured Retentions 34

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

THANK YOU! John R. Musitano, Jr., Esq. Partner Cox, Castle & Nicholson LLP 2029 Century Park East Suite 2100 Los Angeles, CA 90067 P: 310.284.2212 E: jmusitano@coxcastle.com www.coxcastle.com Jennifer A. Cranston, Esq. Shareholder Gallagher & Kennedy PA 2575 East Camelback Road Suite 1100 Phoenix, AZ 85016 P: 602.530.8191 E: Jennifer.cranston@gknet.com www.gknet.com James M. Hoey, Esq. Partner Clausen Miller PC 10 South LaSalle Street Chicago, IL 60603 P: 312.606.7493 E: jhoey@clausen.com www.clausen.com 36