Webinar - Too Hot to Handle – a cautionary tale about Hot Works Conditions
Agenda
Hot Works Conditions are a staple of contractors’ public liability policies. They require certain precautions to be taken before, during and after the carrying out of Hot Work activities, each of which are designed to reduce the risk of a fire breaking out.
The language and requirements of Hot Works Conditions vary across the market, and difficult questions often arise as to whether a particular activity engages the precautions, the meaning of “combustible”, and whether the precautions are even capable of being satisfied.
Speaker
Alex Rosenfield, Associate Partner
Webinar - The Insurance Act - Recent Developments
Agenda
This webinar will provide a refresher of the key principles under the Insurance Act 2015 (“the Act”), which include the scope of an Insured’s Duty of Fair Presentation, the remedies available to an Insurer where that duty is breached, and the changes to warranties and other conditions. Alex will also review some of the key cases decided under the Act, as well as identifying the key issues which remain to be decided.
Speaker
Alex Rosenfield, Associate Partner
Webinar - The current climate for D&O claims and coverage issues
Agenda
The webinar will focus upon the current D&O liability climate, with some examples of real life claims and coverage issues faced by a wide range of policyholders, and highlighting some potential traps for the unwary.The webinar will focus upon the current D&O liability climate, with some examples of real life claims and coverage issues faced by a wide range of policyholders, and highlighting some potential traps for the unwary.
Speaker
Webinar - Sky Central Case Update
Agenda
The High Court has handed down the hotly anticipated judgment in Sky & Mace v Riverstone, which concerned a claim by Sky and Mace for the cost of remedial works to the roof at Sky Central. We will be covering the key issues in dispute and the Court’s findings, which are likely to be of general interest to contractors and CAR practitioners (and enthusiasts!).
Speaker
Rob Goodship, Associate Partner
Webinar - Tackling Co-Insurance: Court of Appeal hands down judgment in Rugby Football Union
Agenda
Associate Partner, Rob Goodship will be delving into the tricky issues of co-insurance for contractors, including an analysis of the recent decision of the Court of Appeal and some tips for avoiding disputes.
Speaker
Rob Goodship, Associate Partner
Webinar - Differing Perspectives on the Building Safety Act 2022
Agenda
This webinar by Fenchurch Law’s Construction and Property Risks Group will be introduced by Joanna Grant, who leads the group and will feature sessions from Alex Rosenfield, Amy Lacey and Rob Goodship as follows:
Alex will address the new limitation periods for claims under the Defective Premises Act (which will either be 15 or 30 years, depending on when the claim accrued), as well as the new avenues of redress for claimants against (i) manufacturers or suppliers of construction products; and (ii) associated companies of subsidiaries or SPVs who undertook the original building work. The common objective of all of these claims is to ensure that, insofar as possible, leaseholders are not required to foot the bill for the significant costs of remediating defective buildings.
Amy will discuss the impact of the BSA for developers and managers of buildings with historical safety defects, including the “waterfall” approach to remediation costs implemented through industry levies, the Building Safety Fund and restrictions on service charge contributions for qualifying leaseholders.
Rob will round off with a discussion about the potential insurance implications for policyholders operating in the construction sector, focussing on those with emerging liabilities for historic works as a result of the retrospective change to the limitation period under the Defective Premises Act. This will include reference to difficulties policyholders may face under PI and PL policies, and how those difficulties might be managed.
Speakers
Alex Rosenfield, Senior Associate
Rob Goodship, Associate Partner,
Webinar - Damage: A Deep Dive
Agenda
This session will dig deeper into a subject touched upon briefly in David’s recent Defects Exclusions webinar. It will aim to provide a pathway through the leading authorities in relation to the various common types of damage encountered in construction projects, including physical rearrangement, overlaying of insured property with benign substances, and contamination. It will also look at the difference between development and discoverability in a damage context, and will consider the New Zealand case that arguably represents the higher water mark of damage authorities: Technology Holdings v IAG.
Speaker
Webinar - Fraud & dishonesty in the context of PI Policies
Agenda
Jonathan Corman, a Partner at Fenchurch Law, and Senior Associate Daniel Robin present a webinar the above topic.
The webinar covers:
- The current test for dishonesty
- Corporate insureds – the attribution of knowledge
- Dishonesty at the placing stage:
- Legal consequences
- Innocent Non-Disclosure clauses
- Claims involving dishonesty:
- Exclusions for committing/condoning dishonesty
- Exclusions once reasonable grounds for suspicion have arisen
Speakers
Jonathan Corman, Partner
Daniel Robin, Senior Associate
Webinar - Insurance for Design Mistakes: a PI CAR Case Study
Agenda
This session focuses on the interplay/overlaps between CAR and PI policies in the context of a case study concerning a defectively designed roof which is damaged leading to various losses and claims against the policyholder. In particular, the session provides practical guidance on how the policyholder may approach claims under any CAR and PI policy in tandem including the strategic choices and implications.
Speakers
David Pryce, Managing Partner
Rob Goodship, Senior Associate
Webinar - Defects Exclusions under CAR policies
Agenda
Defects Exclusions give rise to a variety of difficult issues. This webinar will address some of those, including the overlapping concepts of inherent vice, defective condition, damage, and physical damage, as well as considering how to determine the value of what is excluded by the most commonly used clauses.
David Pryce is the Managing Partner of Fenchurch Law