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The “A Deep Dive Into a Premises Liability Claim, Part 1” course teaches insurance professionals how to approach claims handling using a pre-suit premises liability scenario involving complex construction relationships and early mediation. The module is presented by Jennifer Kalvestran, Partner at Gust Rosenfeld, P.L.C.; Pete Fowler, Chief Quality Officer at Pete Fowler Construction Consultants; and David Heeman, Claims Coverage Counsel at Mutual of Enumclaw.

The course begins with an explanation of the facts of the hypothetical claim and an initial examination of those facts with an eye towards initial investigation. After discussing the various roles played by the insured and the duties implied by the initial investigation, the presenter discussed how the presentation is to proceed in the hypothetical. The presenters walk through the steps for analyzing coverage, starting with the Declarations Page and proceeding through the terms of the insuring agreement, applicable exclusions, and state-specific endorsements. The issue of tender is raised, and the course compares and contrasts Indemnity Agreements with Additional Insured coverage before concluding with a section on the role of counsel.

After completing the course, the attendee will be able to identify potentially responsible parties and the theories under which they may be considered liable; conduct an on-site inspection and ask appropriate questions of the parties in issue; proceed through a step-by-step coverage analysis; discuss available concerning faulty work; read and use Indemnity Agreements, Additional Insured clauses, and Certificates of Insurance properly; and increase awareness of the role of an attorney in early mediation. The course is designed for insurance professionals working in the area of casualty adjusting.

What CE Credit is available?

Note: To qualify for credit, you must submit completion (including a passed final exam if required) within five days of completing the last quiz. No partial credits will be awarded.

State:
Adjuster General CE Hours:
Adjuster Ethics CE Hours:
Attorney General CLE Hours:
State's Course ID:
NH 2.0 6000133073
TX (classroom equivalent) 1.0 133136
NC 2.0 217191
FL * ( Provider Number: 364169 ) 2.0 - Optional 1184887
IL 2.0 528116
WY 2.0 34461
OK 2.0 6000134286

* This course has been approved by the Florida Department of Financial Services for insurance continuing education credit.

Course Content

Lesson Content
  1. Introduction & Objectives
  2. Facts of the Claim
  3. Interlude: Who are the responsible parties?
  4. Indications of Danger
  5. The Appropriate Skylight?
  6. Recap
Lesson Content
  1. Tenant’s Injuries & Owner’s Roles
  2. Duties Owed By Roofer
  3. Interlude: Initial Investigations
  4. Identifying Potential Co-Defendants
  5. Liability Investigation
  6. Recap
Lesson Content
  1. Declarations Page
  2. Coverage Language
  3. Cleanup Issues
  4. Primary Controlling Forms
  5. Interlude: Faulty Work Coverage Analysis
  6. Owner’s Intentional Acts
  7. Exclusion A
  8. Burden of Proof
  9. Two Sections, Two Purposes
  10. Recap
Lesson Content
  1. Professional Services Exclusion
  2. Design Professional Exclusion
  3. Endorsements & Schedule of Insureds
  4. “Full Coverage”
  5. Interlude: Application of j(5) and j(6) Exclusions
  6. Potential Pitfalls
  7. Identifying ISO Forms
  8. Recap
Lesson Content
  1. Who is an Additional Insured?
  2. Tender Early, Tender Often
  3. Certificate of Insurance
  4. T-Mobile v. Selective
  5. Additional Insured Coverage
  6. Indemnity Agreements
  7. Interlude: Additional Insured vs. Contractual Indemnity
  8. Who has Contractual Indemnity?
  9. Responses to Tenders
  10. Recap
Lesson Content
  1. Involving Coverage Counsel
  2. Handling Potential Conflict
  3. Liability Defense Counsel
  4. Interlude: Does the “Your Work” Exclusion Apply?
  5. Counsel Behaving As Adjuster
  6. Value of Case Law in Pre-Suit
  7. Coordinating a Team & Broad Indemnity Clauses
  8. Other Insurance Policies
  9. Recap

Submit within 5 days to get CE Credit or Certificate of Completion.