Downstream Insurance Coverage for Construction Projects: Vetting Strategies, Navigating Anti-Indemnity Laws
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will guide counsel for project owners, general contractors, and subcontractors on mitigating the risks associated with the upstream/downstream dynamics of construction projects. The panel will discuss strategies for vetting downstream insurance coverage and minimizing risk for all parties by balancing indemnification and other terms between the parties while navigating state anti-indemnity statutes.
Outline
- Introduction
- Upstream/downstream risks
- Owner
- General contractor
- Subcontractor
- Others
- Notable state anti-indemnity statutes
- Impact on indemnification clauses
- Impact on additional insured clauses
- Strategies for vetting downstream insurance coverage: minimizing risk while maintaining compliance
- Drafting considerations for indemnification and additional insured provisions
- Practitioner takeaways
Benefits
The panel will review these and other important considerations:
- What impact do state anti-indemnity statutes have on risk transfer between parties to construction projects?
- How is this reflected in downstream insurance requirements, and what are key drafting considerations for indemnification and additional insured provisions?
- What are best practices for vetting insurance coverage to mitigate client risk while maintaining compliance?
Faculty
John R. Musitano, Jr.
Partner
Musitano Law
Mr. Musitano is founder and principal of Musitano Law PC in Southern California, specializing in insurance,... | Read More
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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David R. Taubenfeld
Partner
Haynes & Boone
Mr. Taubenfeld represents policyholders in every kind of dispute they may have with their insurers. He represents... | Read More
Mr. Taubenfeld represents policyholders in every kind of dispute they may have with their insurers. He represents corporate and individual insureds in coverage and bad faith lawsuits and arbitrations against insurance carriers under directors' and officers' liability, first party property/business interruption, errors and omissions, professional liability and general liability policies, among others. He has secured millions of dollars in coverage for his clients through negotiation and litigation.
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