Archer v Ace and what it means for the CAR/Builders Risk market
Monday, September 23, 20243:00 PM to 4:00 PM
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.
Speakers
Senior Partner, Fenchurch Law
David was a founding partner of Fenchurch Law, which was the first law firm in the UK to specialise exclusively in representing policyholders in insurance coverage disputes.
Ranked as a leading individual by both Legal 500 and Chambers, David leads Fenchurch Law’s Reinsurance & International Risk practice group and has a particular focus on insurance disputes arising out of large construction projects both in the UK and abroad.
Managing Partner, SDV West
Jeremiah Welch serves as Managing Partner of SDV’s West Coast office and as a member of the firm’s Executive committee. Jeremiah represents most of the ENR Top 20 construction contractors, advising on and litigating insurance claims relating to heavy civil, industrial and commercial construction projects. These claims typically feature complex coverage problems implicating builder’s risk, professional liability and protective indemnity, default insurance, general liability, pollution liability and others. Jeremiah is also a trusted advisor to most of the major national insurance brokerages who serve the construction industry and a frequent speaker at national conferences.
He has represented major stakeholders in some of the most significant construction disasters of the past decade, including the Florida University bridge collapse, the Louisiana Hard Rock Hotel collapse, and the “tilting” San Francisco Millennium Tower. Jeremiah also played a key role as coverage counsel to stakeholders in the post-9/11 World Trade Center debris removal litigation.
Please register below for this event. If you have any questions, please e-mail michael.hayes@fenchurchlaw.co.uk.