Webinar - Archer v Ace and what it means for the CAR/Builders Risk market
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.
Webinar - The world’s first LEG3 court decision & what it means for the CAR market
Agenda
A Court in the USA has delivered the world’s first legal decision on the most generous of the three London Engineering Group (LEG) clauses related to defect exclusions, LEG3, in the case of South Capitol Bridgebuilders v Lexington Insurance Company. The fact that the Construction All Risks (CAR) market (otherwise known as the Builders’ Risk market) has been waiting for a LEG3 decision for this long means that SCB v Lexington was always going to receive a lot of attention. However, the unrestrained and intemperate language used by the Judge means that there is a risk that the decision will create more heat than light, and has the potential to lead to a reaction by CAR insurers which could negatively affect the interests of policyholders. This case study therefore attempts to take a step back from the eye-catching language used by the Judge in SCB, and to discuss what the future for LEG3 might look like.
Senior Partner, David Pryce is joined by David B. Goodman from Goodman Law Group | Chicago, the firm that represented South Capitol Bridgebuilders.
Webinar - Broker Top Tips!
Agenda
The Top Tips presentation will provide an overview on the scope of brokers’ duties with reference to case law including Infinity Reliance v Heath Crawford [2023], George on High v Alan Boswell & New India Assurance [2023], Bellini v Brit UW [2024] and ABN Amro v RSA [2021]. Addressing common pitfalls to avoid around underinsurance, named insured entities, non-damage BI extensions and DSU reinstatement, we will highlight best practice for brokers to manage potential E&O exposures, in light of recent claims experience.
Speaker
Joanna Grant, Managing Partner, and Amy Lacey, Partner
