07.25.2022

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Speaking Engagements

ABA Litigation Section / Construction Litigation Committee and Insurance Coverage Litigation Committee

Program Description:

This was the second of a two-part program exploring the dilemma faced in construction defect litigation when the specter of lack of or denial of insurance defense and coverage looms. A party defendant in a defect case will require competent counsel and will need the protection of insurance coverage. Similarly, a Plaintiff is looking for monetary compensation which can be in jeopardy if defense and coverage are not available. The panel of experienced construction and coverage counsel discussed several of the core issues associated with coverage issues in these cases.

Specific topics included:

(1) Pleading to Coverage
(2) Defense of All or Some Claims
(3) The Declaratory Judgment Action and To Consolidate or Not
(4) Settlement and Assignment of the Claim to the Plaintiff

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