Through the Looking Glass: How to Handle Creative Insurance Arguments in Construction Defect Cases

Location

Marriott Marquis San Diego Marina

333 West Harbor Drive

San Diego, California 92101


Date & Time

Start Date: 09/22/2021
Start Time: 5:30 pm
End Date: 09/24/2021
End Time: 11:45 pm

 

Mike Melendez will present "Through the Looking Glass: How to Handle Creative Insurance Arguments in Construction Defect Cases" at the 2021 CLM Construction Conference. Mike will be joined by Christopher Grosso of Conner Strong & Buckelew. 

 

At first glance, general liability insurance for construction defect litigation appears straight-forward. Coverage extends to third-party property damage caused by an occurrence. But defendants in construction defect cases often face claims that are not covered by their insurance. They may seek to get the insurer to settle non-covered claims, often to avoid their own non-covered exposure. And they may try to shift liability rightly covered by their own insurance onto another’s. Insureds and putative insureds have an incentive to have insurance pay amounts that are not covered; while insurers have an incentive to shift their liability to another insurance company. Because of this, construction defect insurance professionals face creative arguments designed to expand the insurer’s liability beyond that provided by the policy. This session will address how to recognize such creative arguments and what steps the claims professional may take to counter them.

 

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Attorneys

Michael W. Melendez

Member

mmelendez@cozen.com

(415) 593-9610

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