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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Tuesday, October 8, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will analyze some of the potential coverage gaps and other coverage pitfalls possible in owner-controlled insurance programs (OCIP) and contractor-controlled insurance programs (CCIP) policies. The panel will address practical steps that the wrap sponsor and subcontractors can take to prevent or limit risk exposure and maximize coverage.

Faculty

John R. Musitano
Partner
Musitano Law, PC

Mr. Musitano is founder and principal of Musitano Law PC in Southern California, specializing in insurance, construction and risk management representation for homebuilders, property owners, developers and contractors. As insurance coverage counsel with over twenty-five years of experience, Mr. Musitano represents policyholders in all aspects of liability and property insurance claims and coverage disputes against insurers. His transactional risk management practice includes counseling clients as to risk transfer tools including indemnification and insurance provisions; the negotiation and implementation of insurance programs, including owner-controlled insurance programs (OCIPs); and risk management strategies for construction contracts, leases and other agreements pertaining to commercial and residential real estate projects and properties. Mr. Musitano is a frequent author and lecturer on insurance and construction law topics.

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Michael D. Jefferson
Attorney
Davis Wright Tremaine LLP

Mr. Jefferson is a member of the firm's real estate and construction and government contracts groups. He advocates on behalf of and advises real estate owners, designers, contractors, and specialty subcontractors. Mr. Jefferson negotiates and drafts complex build-to-suit, spec, and market refurbished commercial real estate leases, subleases, and purchase agreements throughout the United States, Canada, and Mexico. An experienced litigator, he has prosecuted and defended a range of construction-related disputes, including delay claims, change order disputes, lien and bond claims, construction defect claims, breach of warranty disputes, enforcement of bonds, equitable lien claims, and breach of contract, fraud, unfair and deceptive trade practices, and quantum meruit claims in state and federal courts.

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Description

OCIP and CCIP policies are designed to reduce costs on construction projects and provide owners and contractors more control over risk management. Once the province of very large commercial contracts, these forms of wrap insurance programs have become more common, partly due to the increase in construction-defect litigation.

While designed to include owners, general contractors, and subcontractors under one insurance program, there can be coverage gaps and other coverage pitfalls with wrap policies, especially if the programs are not set up and implemented carefully.

Key issues include the proper enrollment of subcontractors and the interplay with CGL and other insurance policies of both the sponsor and the subs. Without careful consideration of the policy forms, e.g, manuscripted endorsements, "other insurance" provisions, etc., the goal of optimizing the coverage from the intended insurance program may be frustrated.

Listen as our authoritative panel of insurance attorneys analyzes coverage gaps and other pitfalls that may arise in OCIP/CCIP policies. The panel will discuss practical steps OCIP/CCIP sponsors and subcontractors can take to prevent or limit risk exposure and maximize coverage.

Outline

  1. Brief overview of OCIP/CCIP policies
    • Purpose
    • Pros and cons
  2. Enrolling subcontractors
    • Who is included, and who is not?
    • Proper enrollment
  3. Interplay with builders risk policies
  4. Interplay with owner, contractor, and subcontractor standard CGL policies: endorsing standard policies to reflect the OCIP/CCIP
  5. "Other insurance" and priority of payments in competing policies
  6. Excess of wrap coverage
  7. Workers' comp bar: principal employer
  8. Tips to protect your interest in a wrap-up program

Benefits

The panel will review these and other noteworthy issues:

  • Drafting the policy form and endorsements in CIP policies to ensure that the CIP policy coverage is optimized and coverage gaps are avoided
  • What the subcontractor must do to enroll in the wrap plan and the consequences for the sub's failure to enroll
  • The interplay between CIP and builders risk policies
  • Endorsements in CIP policies that reduce potential gaps between the two policy types
  • The interplay between CIP policies and a contractor's or subcontractor's own CGL insurance and issued additional insured endorsements