Additional Insureds and Risk Transfer in Construction Contracts

(270 Ratings)

Produced on: March 27, 2017

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 62 minutes
Difficulty Intermediate

This course, taught by Andrew  Witik, a partner in the Insurance practice at Tressler LLP, will concentrate on the recent trend toward anti-indemnity legislation and its impact on additional insureds within the construction industry. There are significant developments afoot in the insurance industry regarding additional insureds and the transfer of risk in construction activities, including the linking of the underlying construction contracts and subcontracts to the type and scope of insurance procured.

This noteworthy coupling takes on heightened significance in the context of an owner’s or builder’s status as an additional insured under a Commercial General Liability (CGL) policy because of more restrictive anti-indemnity statutes passed by many state legislatures in recent years. These important changes require the steadfast attention of the policyholder, the claims professional, and the attorneys who advise them.

Learning Objectives: 

  1. Understand the current landscape of state anti-indemnity statutes and the impact on additional insureds
  2. Assess recent developments in the insurance industry regarding risk transfer provisions in construction contracts
  3. Identify key policy language to watch for in construction contracts with additional insureds



Faculty

Andrew Witik

Litchfield Cavo

Andrew has over 29 years of experience representing insurance companies, corporations, municipalities, and individuals in declaratory judgment actions, contractual disputes, bad faith claims, and appeals in state and federal courts across the United States. In addition to insurance coverage, his emphasis is on construction defect litigation matters. He has successfully litigated Illinois cases of first impression applying the business risk and false pretense exclusions. He also has experience with general liability, professional liability, commercial auto, property, business owner’s, and homeowner’s policies.

Drew has been rated an AV® Preeminent™ lawyer by Martindale-Hubbell, representing the recognition of the highest level of professional excellence by his peers. In 2018, he was named a Leading Lawyer in Illinois in the areas of Insurance, Insurance Coverage, and Reinsurance Law.

After law school, Drew served as law clerk to the Hon. Edward J. Egan of the Illinois Appellate Court.

Education

  • Loyola University Chicago School of Law, JD
  • Loyola University, BA

Admissions

  • Illinois
  • Wisconsin
  • United States District Courts: Northern District of Illinois, Southern District of Illinois, Central District of Illinois, Eastern District of Wisconsin
  • United States Court of Appeals: Seventh Circuit
  • Member - American Subcontractors Association

Publications and Presentations

  • “Know Your Business And The Impact of Actual Notice on Additional Insureds in Illinois,” Lawline Webinar, May 19, 2017
  • “Additional Insureds and Risk Transfer in Construction Contracts,” Lawline Webinar, March 27, 2017
  • “Arising Issues with Additional Insureds,” 3rd Annual Intermountain Construction Defect & Dispute Conference, Salt Lake City, Utah, February 3, 2017
  • “Business Owner’s Policies and Transferring Risk” NBI Webcast Seminar, September 14, 2016
  • “Arising Issues Regarding Additional Insureds, Risk Transfer in Construction Contracts and Anti-Indemnity Legislation,” 2nd Annual Midwest Construction Defect & Dispute Conference, Minneapolis, Minnesota, August 18, 2016
  • “The Texas Anti-Indemnity Act,” Premier Southwest Construction Defect & Dispute Conference, Las Vegas, Nevada, April 15, 2016
  • “Emerging Issues: High-risk Insurance Coverage Litigation for Lawyers in 2015,” The Knowledge Group Webcast Seminar, October 8, 2015


Reviews

CR
Chris R.

Very well crafted seminar

KM
Kathy M.

Very informative.

JR
Jeff R.

Informative.

RK
Raymond K.

The explanation of contractual indemnity and its interaction with state law was especially useful

BG
Bruce G.

good presentation

NN
Neal N.

Andrew was good. Glad he went to Litchfield. (But I have nothing against Tressler...)

DK
Debra K.

Since I practice primarily insurance, I take a lot of insurance CLE courses and they are typically the same thing over and over and are boring. Sometimes something new here or there. I was impressed at the spin this course had on additional insured coverage - this was something I had never heard before and was interesting. Thanks.

JN
Josh N.

A very well presented and interesting discussion. A must for any business/real estate attorney

KT
Kristin T.

Great concise content

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