Elaine Fresch and Peter Mintzer to Speak at CLM’s Construction Conference in San Diego

September 22, 2021

Selman Breitman, Gold Sponsor of CLM’s Construction Conference, is delighted that two of its partners will present at the annual conference in San Diego from September 22–24, 2021.

Elaine Fresch is a panelist for the session, “The Complexities of Maneuvering Through a Commercial Catastrophic Loss Claim” at 1:00 p.m. on September 23, 2021. Catastrophic commercial construction events, including building collapse and plumbing and mechanical failures, can be incredibly complicated and often require immediate intervention. While insurers struggle with whether to defend, emergency repairs by the claimant are often necessary. This panel will urge attendees to consider the benefits of controlling the narrative by engaging counsel and experts to retain vital evidence that might otherwise be destroyed during the claimant’s remediation.

This panel will also discuss how effective risk transfer is complicated when downstream contractors and their respective carriers refrain from participating until a suit is filed and defense counsel is faced with weighing the benefits of issuing expert reports before the claimant has presented the full scope of the claim. Defining the claim can be convoluted if the claimant continues to expand not only the alleged defects, but also the damages model, including delayed claims and lost income. Additional wrinkles can occur when controlled insurance programs and builders’ risk are implicated. How the excess carrier engages may also make the difference between early resolution versus heated and expensive litigation.

Peter J. Mintzer is a panelist for the session, “The Intersection of Builders Risk, CGL, Professional Liability and Subcontractor Default Coverage: What Covers What?” at 4:00 p.m. on September 23, 2021. Many complex large loss commercial construction claims can trigger all the various types of insurance: builders’ risk, CGL, professional liability and subcontractor default. It is important for all involved in the dispute resolution process to understand the scope of coverage provided by each policy type. The panel will provide an overview of each coverage and analyze a hypothetical matter, based on real-life claims, that involves each of the coverage types. This roundtable will be relevant and of importance for claims professionals, risk managers, brokers, counsel and contractor clients.

We hope our CLM Fellows and colleagues will join Elaine and Peter at their respective sessions.