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Construction Defect Claims and Additional Insureds

Presenting at the
2019 PLRB Central and Eastern Regional Adjusters Conferences

Minneapolis: Sept. 10-11 | Concord, N.C.: Oct. 22-23

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Learning Objectives

  • Survey trends in construction defect claims against builders and subcontractors

  • Describe differences in coverage issues and insurer obligations relating to contractors, subcontractors, additional insureds, and indemnities

  • Analyze key policy provisions, including what constitutes an "occurrence," "damage to property," "your work," and others

  • Evaluate how tenders of defense and indemnity should be made under both policy and trade agreements

Program Outline

Case Study: Custom Home

  1. The problem

  2. Identifying the claims and the players

  3. Understanding the coverage issues

  4. Defense and indemnity

Case Study: LEED Building Repair

  1. The problem

  2. Identifying the claims and the players

  3. Understanding the coverage issues

  4. Key policy language discussion

Case Study: Builder’s Right to Repair

  1. The problem

  2. Identifying the claims and the players

  3. Understanding the coverage issues

  4. Key policy language discussion

  5. Proper notice to the parties to protect your insured

Discussion and Questions


 Panelists

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PETE FOWLER

Pete Fowler is a construction consultant, professional cost estimator, and President of Pete Fowler Construction Services, Inc. (PFCS). Pete received a B.S. in Construction Management from CSU, Chico. He has held certifications from AAMA, ASPE, ICBO, and others. Mr. Fowler has published articles in national magazines and has been invited to speak by the most important groups in the building industry (AAMA, APRA, ASPE, ASTM, BETEC, CAI, ICC, NIBS, RCI, etc.).

 
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David Heemann

Casualty Claims Manager, Mutual of Enumclaw

 
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John Mumford

Director, Hancock Daniel