Tuesday, October 28—Afternoon Workshops (select two from T1–T8)
Long-tail and large-loss claims cause policyholders’ counsel to attempt to
“trigger” as many CGL policies as possible. Insurers will vigorously resist,
but even if many years are triggered, high-stakes coverage battles will follow.
This panel, which includes both policyholder’s counsel and insurer’s counsel,
will discuss the building blocks of allocation and use interactive visual examples
to demonstrate how various concepts can dramatically affect the availability
of policies and amount of coverage.
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Explains key concepts in risk allocation in construction defect and other
disputes.
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Examines the meaning and implications of key coverage terms such as all
sums and pro rata allocation, horizontal and vertical exhaustion, number
of occurrences.
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Describes the application of deductibles, self-insured retentions, and
aggregate limits, as well as replenishment, other insurance, and noncumulation.
Helen K. Michael,
Partner, Howrey LLP
Julia Ann Molander,
Partner, Sedgwick, Detert, Moran & Arnold
Andrea Tecce,
Managing Director, Navigant Consulting, Inc.
Recent catastrophes involving cranes have created a renewed awareness of
the potential dangers on a construction project. Contractors need to establish
crane safety procedures, even if all crane work is performed by subcontractors.
This workshop outlines best practices for contractors in eliminating crane losses.
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Describes key causes of crane-related accidents.
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Reviews key elements of a crane safety program, including subcontractor
selection, training and certification, and technology-based precautions.
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Outlines safety procedures for avoiding crane accidents.
Peter G. Furst,
Director of Contracting, Liberty Mutual Group
After several years of slow but steady growth, “green building” is rapidly
moving into the mainstream. By some estimates, green construction will comprise
5 percent to 10 percent of the residential construction market by 2010, and
many large governmental and commercial contracts now mandate the use of “green
building” methods in all phases of design and construction. Building on last
year’s introduction to green construction, this workshop examines the novel
risk management and insurance issues typically raised in a green building project.
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Provides an overview of the latest developments in green building construction
methods and green building regulation.
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Uses actual claims to examine risk management and insurance coverage
issues and strategies to avoid disputes and liability.
Sean P. Dwyer,
Esq., Partner/LEED® AP, HRRV
Diana Eichfeld,
Assistant Vice President, ACE-USA
Mergers and acquisitions present unique risk management challenges for the
purchasing or surviving entity. From ensuring coverage for discontinued operations
and successor liability to estimating the impact on loss-sensitive insurance
programs, risk managers and their insurance representatives must carefully examine
all aspects of the transaction. This workshop addresses critical risk and insurance
issues to be addressed in the due diligence phase of the process.
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Addresses the nuances between an asset-only acquisition and an assets-and-liabilities
acquisition.
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Demonstrates the impact of the merger or acquisition on a contractor’s
experience modifier, retrospective loss rating program, or self-insurance
program.
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Shows how to identify and arrange appropriate protection for discontinued
operation risks and successor liability.
Michael J.
O’Neill, CPCU, ARM, Executive Vice President, American Contractors
Insurance Group
A distinguished panel of surety experts will discuss a variety of timely
bonding issues of concern to contractors, owners, and surety professionals..
Find out what your surety underwriter and broker require to help you obtain
your needed bonding capacity, and what issues are coming down the road in the
near future.
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Describes changes in financial reporting requirements and the corresponding
impact on contractors and subcontractors.
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Examines current challenges for contractors and sureties, including compliance
with diversity requirements, immigration laws, and problems surrounding
the AIA 312 payment bond.
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Reviews early concerns and requirements for contractors participating
in projects utilizing newer techniques, such as green building and building
information modeling.
Moderator:
Lynn M. Schubert,
President, The Surety & Fidelity Association of America
Panel:
Kevin W. Adams,
Vice President, The Travelers Companies, Inc., Bond & Financial Products,
Construction Services
Mark D. Herbert,
Shareholder, Watkins Ludlam Winter & Stennis, P.A.
Robert G. Kelly,
Vice President, Surety Marketing Manager, Chubb & Son
David Pesce,
Assistant Vice President, Berkley Surety Group
Construction projects that combine large capital costs, long construction
durations, and complex designs present unique and challenging risks for all
participants. This is particularly true when one considers that front-end decisions
in terms of delivering, procuring, and contracting for these projects frequently
determine the overall success of the project. Applicable to public and private
projects, this workshop provides strategies for avoiding some of the pitfalls
associated with these decisions and setting the foundation for a successful
project.
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Examines unique aspects of the different delivery system options, including
design-build and public-private partnerships, and the factors in determining
which system best suits the owner’s needs on a project.
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Addresses best procurement and contracting practices, as well as common
procurement and contracting challenges for owners, designers, and contractors
on large projects.
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Reviews legislative requirements that influence large public projects.
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Examines the most significant risks and lessons learned that have been
experienced on large projects, both domestically and internationally.
Michael C.
Loulakis, President/CEO, Capital Project Strategies, LLC
Certain risks are common to most types of contractors, yet some contractors
do a much better job of managing risk than others. By identifying and addressing
risk management needs and objectives with a holistic perspective, and aligning
risk management criteria with a project’s life cycle, contractors can achieve
a higher level of performance and profitability. Data collected from profitable
construction companies will be utilized to show risk management benchmarks from
which contractors can learn how to measure their success.
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Demonstrates how risk management strategies impact profitability.
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Addresses common risk management challenges for contractors and demonstrates
proven strategies for addressing them.
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Provides baseline data for contractors to compare their performance to
industry leaders.
Marcy Zeichner,
Senior Risk Management Consultant, XL Insurance-Environmental
An interactive discussion of timely topics amongst risk management peers.
Attendance is restricted to individuals employed directly by construction companies
or project owners (no agents, brokers, underwriters, attorneys, CPAs, or consultants,
please).
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Provides an open forum for discussion between owners, contractors, and
subcontractors.
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Affords an opportunity to learn how others in the industry are handling
key challenges.
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Facilitates networking within the construction risk management community.
NOTE: The Risk Managers Forum does not qualify
for insurance continuing education credit. Anyone attending this session will
forfeit insurance CE credits for Tuesday afternoon.