Webinar – Archer v Ace and what it means for the CAR/Builders Risk market

21 November 2024By David Pryce

 

Agenda

In June our Senior Partner, David Pryce, discussed the significance of the South Capitol Bridgebuilders (“SCB”) decision with David Goodman, the attorney who successfully represented the policyholder in the landmark Builder’s Risk case, which was decided under the Law of Illinois. In this follow up session, David will be speaking with Jeremiah Welch of Saxe Doernberger & Vita, the attorney who successfully represented the policyholder in the subsequent case of Archer Western v Ace. In Archer a second US Court, this time in the Southern District of Florida, again grappled with the questions of what constitutes damage for the purposes of triggering a Builder’s Risk policy, and what the proper meaning of the LEG3 defects exclusion is: both questions which have wider significance for the Builder’s Risk markets in the US and the UK. The discussion will also touch on the question of whether concrete gives rise to particular difficulties when determining whether damage has occurred and, if so, what can be done to address those difficulties. The session will include the opportunity for attendees to put questions to Jeremiah and David in relation to each of the issues discussed.

Senior Partner, David Pryce is joined by Jeremiah M. Welch from Saxe Doernberger & Vita, P.C.

 

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