Speakers Information Package West Coast Casualty Service

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Speakers Information Package West Coast Casualty Service Powered By Docstoc
					                      The 17 th Anniversary
                      West Coast Casualty’s




                 Construction Defect Seminar
                     May 13th and 14th 2010
                   The Disneyland Resort Hotel
                   Anaheim, California, U.S.A.

Speakers Information Package




From a sea of seats . . . .                         . . . to a sea of suits


     America’s Largest . .
               America’s Favorite . . .
                           America’s Best . .
     Construction Defect Event Awaits You ! ! !

After Sixteen Great Years . . . . . .

                              A Tradition of Excellence Continues . . . . .
          “ Extraordinary people visualize not what is possible or probable,
           but rather what is impossible. And by visualizing the impossible,
                           they begin to see it as possible. ”
                                                                Cherie Carter-Scott
The proliferation of construction defect claims and litigation continues to spread rapidly throughout the
United States and abroad.

First born in California some twenty plus years ago, these specialized claims continue to affect
homeowners, contractors, insurers, the legislative and judicial branches of government in a drastic way.
Each day, some level of water intrusion, soils failure, product failure and/or mold story touches us all in
the way we handle these specialized claims. The continuing problems of dwindling and restrictive
insurance coverages, the inaccessibility of new water resistant products as well as changing law and
construction techniques are among the many problems facing property owners, contractors, their insurers
as well as the public at large.

In 2003, a new era was born with significant changes in applicable insurance coverages afforded to
contractors and their subcontractors, changes in “right to repair/right to cure” laws, significant
legislation and court decisions that affect the prosecution and defense of construction defect claims.
Added to this is the continuing frustration of consumers, contractors, the judiciary and the legislature to
react fairly and justly to all those touched by these claims. Construction defect cases are handled
differently in many states and the same in many others.

In California, 2008 and 2009 brought significant case law and changes through the legislature that are
sure to make their way into other states in the near future.

Many solutions to the problems that each of us faced through the common experiences we all shared in
this specialized area of claims and litigation have come about through seminars like West Coast
Casualty’s Construction Defect Seminar.

Everyone agrees that there is much more work to be done in improving the manner in which these
complicated, multi-party cases are handled, as these construction defect claims and their offspring
continue to spread throughout this nation and abroad. It is with that thought in mind that we have
dedicated our seminars to help improve the way these complicated cases are handled through the learning
experiences we all shared during the past twenty years.

We believe through the contribution of information and educational exchange by all members of this
community, we all benefit. Working together, we’ll reduce the cost, effort and frustration in this ever-
expanding specialized area of claims handling.

If you believe you have an idea or a process that benefits this community as a whole, we invite and urge
you to consider participation in our ongoing seminar series. Please feel free to contact me at anytime, I
always look forward to hearing from you.

With best regards,

West Coast Casualty Service, Inc.

Dave Stern
David Stern, R.P.A.
Vice President and Secretary
davestern@westcoastcasualty.com


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                                                    2
              The Speakers and Topics Committee of
                     West Coast Casualty’s
                2010 Construction Defect Seminar




                             Linda Tonkovich
                              Gallagher Bassett
                              Committee Chair




Ross W. Feinberg, Esq.                                     Glenn Barger, Esq.
  Mediator – JAMS                                         Chapman, Glucksman
                                                             and Dean, LLP




                         Alexander Robertson, IV, Esq.
                             Robertson Vick, LLP




   Cynthia Castro                                              Bruce Wick
    RSUI Group                                           California Association of
                                                         Specialty Subcontractors

                                     3
                                        Table of Contents
                                                                                      Page


Mission Statement for West Coast Casualty’s Construction Defect Seminars              5

West Coast Casualty’s Construction Defect Seminar’s Science and Technology Fair       5

Some Facts and Figures of West Coast Casualty’s Construction Defect Seminars          6

West Coast Casualty’s Construction Defect Seminar Continuing Education
Accreditation                                                                         7

The Speakers and Topics Committee Members of West Coast Casualty’s
Construction Defect Seminars                                                          8

The Jerrold S. Oliver Award of Excellence                                             9

The Larry Syhre Commitment to Service Award                                           10

The “Legend of an Era” Award                                                          11

Official Rules of Protocol and Procedure for participation in West Coast Casualty’s   12
Construction Defect Seminar, Events and Publication

A special message and request from Seminar Coordinator David Stern
to members of the Judiciary, Mediators and Arbitrators                                16

We Want You to Succeed ! Helpful hints on participating as a speaker
at West Coast Casualty’s Construction Defect Seminar                                  17

The Results Are In . . . . .                                                          18

The Suggested Topics of West Coast Casualty’s Construction Defect Seminar
for May 13th and 14th, 2010                                                           21

Buy A Banner . . . . Support A Charity . . . . Lift A Life . . . .                    28

The Common Questions and Answers for Participating in West Coast Casualty’s
Construction Defect Seminar                                                           29

Of Interest to Sponsors and Vendors                                                   31


        “ The greatest crime in the world is not developing your potential.
        When you do what you do best, you are not only helping yourself,
        but the world. ”
                                                                   Roger Williams

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                                                   4
                                       Mission Statement
                                               for
                                     West Coast Casualty’s
                                   Construction Defect Seminar

    West Coast Casualty’s officers, directors and employees have made a permanent commitment to
    their continuing role in the ongoing education process for the betterment of all members of the
    construction defect community through West Coast Casualty’s seminars, events and
    publications.

    West Coast Casualty Service recognizes that the construction defect community is a diverse
    group of individuals and parties consisting of, but not necessarily limited to, the specific interest
    of homeowners, developers, design professionals, specialty trade subcontractors, material
    suppliers, real estate agents, real estate brokers, lenders, attorneys, insurance personnel,
    government agencies, and legislative agencies. In that regard, West Coast Casualty will make
    every attempt to work with all members of this community to create methods and mechanisms to
    effectively and efficiently resolve construction defect related claims and litigation in the best
    interest of this community and all of its participants.

    West Coast Casualty Service, Inc is proud to present West Coast Casualty’s Construction Defect
    Seminar as a public service to all members of this community.




                                  West Coast Casualty’s
                               Construction Defect Seminar’s




 A part of the Exhibit Hall will be dedicated to our first Science and Technology Fair
    strictly dedicated to the improvement of technologies for the investigation of
                       construction defect claims and litigation.
  This project is an ongoing partnership between West Coast Casualty’s Construction
  Defect Seminar series and members of the community with the ability to deliver new
technologies leading to the improvement of the way these complicated multi-party cases
                                     are resolved.
  For further information or to participate in the Sconce and Technology Fair, please send an e-mail to
                                   davestern@westcoastcasualty.com


                                                     5
                 Some Facts and Figures of West Coast Casualty’s
                          Construction Defect Seminars
Seminar                              Site                           Attendees

1st    Construction Defect Seminar      Universal Sheraton                  50
2nd    Construction Defect Seminar      Universal Sheraton                 130
3rd    Construction Defect Seminar      Magic Castle                       200
4th    Construction Defect Seminar      Anaheim Hilton                     480
5th    Construction Defect Seminar      Anaheim Convention Center          945
6th    Construction Defect Seminar      Disneyland Resort Hotel            785
7th    Construction Defect Seminar      Disneyland Resort Hotel            978
8th    Construction Defect Seminar      Disneyland Resort Hotel          1,200
9th    Construction Defect Seminar      Disneyland Resort Hotel          1,254
10th   Construction Defect Seminar      Disneyland Resort Hotel          1,365
11th   Construction Defect Seminar      Disneyland Resort Hotel          1,401
12th   Construction Defect Seminar      Disneyland Resort Hotel          1,504
13th   Construction Defect Seminar      Disneyland Resort Hotel          1,584
14th   Construction Defect Seminar      Disneyland Resort Hotel          1,591
15th   Construction Defect Seminar      Disneyland Resort Hotel          1,721
16th   Construction Defect Seminar      Disneyland Resort Hotel          1,522




                                             6
                               West Coast Casualty’s
                             Construction Defect Seminar
                    West Coast Casualty’s Construction Defect Seminar
                          Continuing Education Accreditation

  Since 1996, West Coast Casualty’s Construction Defect Seminar has received some level of
            Continuing Education Accreditation from the following organizations;


                             Insurance Department, State of:

AL, AS, AZ, AK, CA, CO, CT, D.C., FL, ID, IL, IN, IO, KN, KY, LO, MA, MD, MI, MN, MO,
        NE, NV, NM, NY, NC, ND, OH, OK, OR, PA, SD, TN, TX, UT, VT, WI, WY

                                    Insurance Related

                           Chartered Insurance Institute (London)
                          Registered Professional Adjuster (RPA)
                   Chartered Property and Casualty Underwriter (CPCU)
                   Certified Insurance Specialist in Construction (CISC)

                                Judicial Education Credits

                            CA - Judicial Counsel of California
                         NV – Board of Legal Continuing Education

                           State Bar Associations MCLE/CLE

                                         Arizona
                                        California
                                         Colorado
                                          Florida
                                          Illinois
                                          Maine
                                        New York
                                          Nevada
                                       North Dakota
                                       Pennsylvania
                                      South Carolina
                          Texas (State Bar and State Bar College)
                                           Utah
                                        Washington

                                          Other

                          Certified Public Accountants (NASBA)




                                             7
                      The Speakers and Topics Committee Members of
                                   West Coast Casualty’s
                              Construction Defect Seminars
1996 - Karen Rice, The CIGNA Companies, Gary Stevens, Topa Insurance Company, Kimberly Kirpluk, Reliance
Insurance Company, Jeanne Miles, C.N.A.

1997 - Karen Rice, The CIGNA Companies, Gary Stevens, Topa Insurance Company, Jeanne Miles, C.N.A., Linda
Tonkovich, Fireman’s Fund Insurance Co.

1998 - Karen Rice, The CIGNA Companies, Linda Tonkovich, Fireman’s Fund Insurance Co., Tom Lake, Safeco /
American States, Michael Coltrara, Scottsdale Insurance Company

1999 - Karen Rice, The CIGNA Companies, Linda Tonkovich, Fireman’s Fund Insurance Co., Tom Lake, Safeco /
American States, Michael Coltrara, Scottsdale Insurance Company

2000 - Karen Rice, The CIGNA Companies, Linda Tonkovich, Fireman’s Fund Insurance Co., Tom Lake, Safeco /
American States, Michael Coltrara, Scottsdale Insurance Company

2001 - Karen Rice, The CIGNA Companies, Linda Tonkovich, Fireman’s Fund Insurance Co., Tom Lake, Safeco /
American States, Michael Coltrara, Scottsdale Insurance Company

2002 - Karen Rice, The CIGNA Companies, Linda Tonkovich, Fireman’s Fund Insurance Co., Michael Coltrara,
Scottsdale Insurance Company, Ross Feinberg, Esq., Feldscott, Lee, Feinberg, Grant and Mayfield, Glen Barger,
Esq. Chapman, Glucksman and Dean LLP.

2003 - Karen Rice, The CIGNA Companies, Linda Tonkovich, Fireman’s Fund Insurance Co., Michael Coltrara,
Scottsdale Insurance Company, Ross Feinberg, Esq., Feldscott, Lee, Feinberg, Grant and Mayfield, Glen Barger,
Esq., Chapman, Glucksman and Dean LLP.

2004 - Karen Rice, The CIGNA Companies, Linda Tonkovich, Fireman’s Fund Insurance Co., Michael Coltrara,
Scottsdale Insurance Company, Ross Feinberg, Esq.., Feldscott, Lee, Feinberg, Grant and Mayfield, Glen Barger,
Esq., Chapman, Glucksman and Dean LLP.

2005 - Karen Rice, OneBeacon, Linda Tonkovich, OneBeacon, Michael Coltrara, Scottsdale Insurance Company,
Ross Feinberg, Esq., Feldscott, Lee, Feinberg, Grant and Mayfield, Glen Barger, Esq., Chapman, Glucksman and
Dean LLP.

2006 - Karen Rice, OneBeacon, Linda Tonkovich, OneBeacon, Ross Feinberg, Esq., Feldscott, Lee, Feinberg, Grant
and Mayfield, Glen Barger, Esq., Chapman, Glucksman and Dean LLP.

2007 - Linda Tonkovich, OneBeacon Ins. Co., Ross Feinberg, Esq., Feldscott, Lee, Feinberg, Grant and Mayfield,
Glen Barger, Esq., Chapman, Glucksman and Dean LLP, Cindy Castro, RSUI Group, Marisa Helmuch, NAS,

2008 - Linda Tonkovich, OneBeacon Ins. Co., Ross Feinberg, Esq., Mediator JAMS, Glen Barger, Esq., Chapman,
Glucksman and Dean LLP. Cindy Castro, RSUI Group, Jason Weintraub, Esq., DRI Services, Inc.

2009 - Linda Tonkovich, Gallagher Bassett, Ross Feinberg, Esq., Mediator JAMS, Glen Barger, Esq., Chapman,
Glucksman and Dean LLP, Cindy Castro, RSUI Group, Jason Weintraub, Esq., DRI Services, Inc., Alexander
Robertson, IV, Esq., Robertson and Vick

2010 - Linda Tonkovich, Gallagher Bassett, Ross Feinberg, Esq., Mediator JAMS, Glen Barger, Esq., Chapman,
Glucksman and Dean LLP, Cindy Castro, RSUI Group, Alexander Robertson, IV, Esq., Robertson and Vick and
Bruce Wick, Director of Risk Management, California Professional Association of Specialty Contractors
(CALPASC).




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                                                      8
              Hon. Jerrold S. Oliver




              The Jerrold S. Oliver Award of Excellence
Each year, West Coast Casualty’s Construction Defect Seminar recognizes an individual who is
outstanding or has contributed to the betterment of the construction defect community. This
person is recognized by his or her peers by nomination and through a majority vote process by
his or her peers in the construction defect community. The selected nominees are voted on by
members of the construction defect community through an invitation provided by West Coast
Casualty prior to the yearly seminar. The selected nominee receives a plaque at the seminar
citing his or her achievement.

This award has been named after the late Appellate Judge, Jerrold S. Oliver who was truly a
“founding father” in the alternate resolution process in construction defect claims and litigation.
Judge Oliver’s loyalty and tireless commitment to this community will long be remembered by
all those in it. The award, affectionately referred to as the “Ollie” is presented each year at our
annual seminar to someone who has invoked the same spirit of commitment, contribution,
loyalty and trust for the betterment of the entire construction defect community.

Along with the recognition of the award is a donation in the winner’s name to Habitat for
Humanity as well as a local California and Nevada charity.

The Jerrold S. Oliver Award of Excellence Award Winners

1996 - Awarded to Ross R. Hart, Esq. (Mediator - American Arbitration Assoc.)
1997 - Awarded to Merv Thompson, Esq. (Mediator in private practice)
1999 - Awarded to Tom Craigo, (Adjuster - C.N.A. Insurance Company)
2000 - Awarded to Kristi Cole, (Adjuster - Safeco Insurance Company)
2001 - Awarded to Karen Rice, (Claims Manager - ACE / USA)
2002 - Awarded to Stephen Henning, Esq. (Wood, Smith, Henning and Berman, LLP)
2003 - Awarded to Ross Feinberg, Esq. (Feldscott, Lee, Feinberg, Grant and Mayfield LLP)
2004 - Awarded to Janet Shipes (Adjuster – C.N.A. Insurance Company)
2005 - Awarded to Edward Martinet (Expert – MC Consultants)
2006 - Awarded to Hon. Victoria V. Chaney (Judge – Los Angeles Superior Court)
2007 - Awarded to Bruce Edwards, Esq. (Mediator) JAMS
2008 - Awarded to Gerald Kurland, Esq. (Mediator) JAMS
2009 - Awarded to Keith Koeller, Esq. (Koeller, Nebecker, Carlson and Haluck, LLP)

                                                9
                                                        Larry Syhre




         The Larry Syhre Commitment to Service Award
This award named in honor of Larry Syhre (1948-1998), former claims manager of the Brea
branch office of C.N.A., is awarded on a yearly basis to a claims professional who has dedicated
themselves to providing ongoing service and commitment to the construction defect community.
Along with the recognition of the award is a plaque in the winner’s name as well as a donation
to The Larry Syhre Foundation.

The Larry Syhre Foundation was established in Larry’s name and its proceeds benefit an
assortment of charities including The PADRE Foundation, (PADRE sponsors children at
diabetes camps where they meet other children learning to live with the same challenge. PADRE
also funds research towards curing diabetes), the Project HOPE School Foundation (funds are
used to support the only school in Orange County dedicated to the education of homeless
children) and the Larry Syhre Memorial “Cool to Care” Award at Larry’s high school in
Webster, South Dakota.
Past winners of the Larry Syhre Commitment to Service Award include:
2000 - Awarded to Rick Hardin, Esq. (Attorney - Hardin and Coffin, LLP)
2001 - Awarded to Thomas J. Lincoln, Esq. (Attorney - Lincoln, Gustafson and Cercos)
2002 - Awarded to Elaine K. Fresch, Esq. (Attorney – Selman Breitman)
2003 - Awarded to Keith Koeller, Esq. (Attorney – Mower, Koeller, Nebecker, Haluck and
       Carlson)
2004 - Awarded to Hon. Kevin M. Midlam (ret.) (Mediator – JAMS)
2005 - Awarded to Linda Tonkovich (Adjuster - OneBeacon Insurance Company)
2006 - Awarded to John Thompson (Claims Manager – Gerling America Insurance Company)
2007 - Awarded to Karen Rice (Claims Manager – OneBeacon Insurance Company)
2008 - Awarded to Cynthia Dunbar, (Major Case Manager – Travelers Insurance Company)
2009 - Awarded to Todd Schweitzer (Assistant Vice President – Zurich Insurance Company)


    “ Progress comes from caring more about what needs to be done
                   than about who gets the credit. ”
                                                     Dorothy Height
                                              10
                                  West Coast Casualty’s
                               Construction Defect Seminar

               The Legend of an Era Award




“Legend” - One that inspires or achieves legendary fame based upon ones own achievement(s)
which promises to be enduring.
                                               -
“Era” - A fixed point of time from which a series of years is reckoned and an order of things
prevail.
                                               -
The Legends of an Era Award is the newest in the series of awards created to recognize those in
the construction defect community who inspire, contribute, advocate and influence others for the
benefit and betterment of this community, making it a better place. Candidates for this award
will be chosen by those who sit on West Coast Casualty’s Construction Defect Seminar’s
Speakers and Topics Committee for that year’s event.
                                               -
Along with the recognition of the Legends of an Era award in the winner’s name is a donation
in the winner’s name to the 2010 designated charity of West Coast Casualty’s Construction
Defect Seminar. This year the 2010 designated charity of West Coast Casualty’s Construction
Defect Seminar is Westmark School of Encino, California




                                www.westmarkschool.org
                                              11
                   The Official Rules of Protocol and Procedure
                    for Participation in West Coast Casualty’s
               Construction Defect Seminar, Events and Publications

The high quality and diverse views provided at the educational sessions of West Coast
Casualty’s seminars and events are mainly what makes our events so successful. One of the
reasons we have been able to maintain such a high level of quality is that we take great pride and
care in our selection of the speakers who participate at our events and the rules and regulations
which govern our events. Therefore, we have created these Official Rules of Protocol and
Procedure for West Coast Casualty’s seminars and events which must be strictly adhered to in
order to assure that the high quality of these events is maintained.

   1. Topic selection for seminars and events sponsored by West Coast Casualty are either on a
      solicitation or an “open to the public” invitation basis. If the “open to the public” basis is
      utilized, topic suggestions are sought from the public and assigned on a “first in time,
      first in line” basis upon receipt of the topic(s) by an authorized agent of West Coast
      Casualty.

   2. All seminars and events which West Coast Casualty conducts, sponsors, co-sponsors
      and/or participates in are considered to be business and educational events. All
      participants are expected to act and dress in a businesslike fashion at all times during
      these functions.

   3. Any and all display(s), exhibits, handout material, and/or “giveaways” utilized by a
      presenter at a West Coast Casualty sponsored event must receive prior written approval
      from an authorized agent of West Coast Casualty prior to its distribution (A photograph,
      copy or complete description of the display, exhibit and/or “giveaway” may be submitted
      to West Coast Casualty for prior approval).

   4. West Coast Casualty and/or its authorized agents reserve the right to limit and/or restrict
      displays, exhibits, handout material, articles and/or “giveaways” that West Coast
      Casualty, in its own judgment, finds dangerous or detrimental to the safety and general
      order of its events, seminars and/or publications. Parties subject to this section shall be
      notified of the restriction and basis regarding same as soon as possible.

   5. No participant at a West Coast Casualty sponsored seminar or event may, at any time,
      infringe upon the rights and space of any other participant.

   6. At certain times and during certain events, West Coast Casualty seeks participation in
      creating its events through the voluntary cooperation of members of the community.
      These participants are commonly referred to as West Coast Casualty’s “Speakers and
      Topics Committee ”.

           •   West Coast Casualty, at its sole discretion, retains the right to choose who may
               participate as a member of its committee for its seminars and events.

           •   West Coast Casualty encourages unbiased opinions and recommendations from
               those who participate on its committees in the selection process of topics and
               speakers for West Coast Casualty sponsored events.




                                                12
       •   Once a topic has been selected subject to the provisions of (1) above, the topic
           receives a vote by each member of the committee for participation in the event.
           Topics must receive a majority vote in order to be chosen for the event. In the
           event of a tie, the chairperson of the event or his designate may vote in order to
           break the tie.

       •   It is considered a violation of these rules for any proposed speaker or any of their
           agents to contact or solicit, in any fashion whatsoever, any member of the
           committee to seek favoritism towards participation in a West Coast Casualty
           sponsored event. Such action is strictly prohibited and the proposed speaker will
           not be considered for participation in the event.

7. Once selected, West Coast Casualty expects all speakers, unless arrangements have been
   made otherwise, to prepare written materials for distribution to the seminar attendees.
   While all materials should reflect or enhance the speakers presentation, speakers can also
   submit copies of their overheads, PowerPoint presentations and/or specific detailed
   exhibits of their presentation. The submission of materials by a speaker grants West
   Coast Casualty the right to re-publish such materials in the handout materials for West
   Coast Casualty’s seminars. The speaker, by submission of the materials, warrants that he
   or she has the authority to submit such materials for use at the West Coast Casualty event
   and that no infringement or copyright violation exist.

8. Panels and panelists selected by West Coast Casualty for its events will be limited to no
   more than six (6) participants including the moderator unless other arrangements have
   been made with West Coast Casualty. We believe, based on our experience, that panels in
   excess of six (6) do not permit the appropriate inter-play with the audience as well as
   with the other panelists.

9. West Coast Casualty subscribes to all the provisions of the rules of professional conduct
   presented by the National Association of Newspaper and Magazine Publishers when
   publishing “FOR IMMEDIATE RELEASE”. As the publisher of “FOR IMMEDIATE
   RELEASE”, West Coast Casualty understands its obligation to provide informative,
   educational and unbiased reporting of stories, topics and informative articles affecting the
   construction defect community. The opinions expressed in “FOR IMMEDIATE
   RELEASE” are those of their authors and contributors and do not necessarily reflect the
   policies and opinions of West Coast Casualty itself.

10. When an event sponsored by West Coast Casualty receives approval for continuing
    education accreditation, the event shall be undertaken in strict compliance with the rules
    and regulations of the organization granting such accreditation. West Coast Casualty
    warrants that it will require compliance with the minimum requirements of any
    organization granting approval for continuing education accreditation.

11. All those serving in public office and/or by government appointment (e.g. sitting judges,
    state senators, state insurance department representatives, county clerks,
    building/safety/health department representatives, etc.) and anyone on active military
    service shall not incur any admission and/or registration fees associated with the actual
    event as such admission and/or registration fees shall be waived.




                                            13
12. West Coast Casualty will waive its admission fee(s) to any of its events for any case
    involving an attendee who is experiencing a hardship situation; financial or otherwise
    which will be reviewed on an individual basis and;

       •   any waiver of any fee(s) may be granted directly by the seminar chairperson at his
           or her sole discretion, without restriction;

       •   any interested party who knows about the problem, may bring it to the attention of
           the President, Vice President, Secretary and/or Treasurer of West Coast Casualty
           Service, Inc;

       •   the situation may be verbalized, but must also be documented on paper to the
           satisfaction of the President of West Coast Casualty Service, Inc and;

       •   this consideration is made on a case-by-case basis;

       •   after reviewing and considering the particulars of the individual case, the
           President of West Coast Casualty will make a decision as to the validity of the
           case and will make a professional judgment regarding the individual case. This
           judgment can supersede the congressional methodology calculated above. Any
           request for disclosure of such request regarding a hardship case will not be
           provided to third parties without the written consent of those affected by such
           request.

13. Corporate Sponsorship Policy - West Coast Casualty accepts and encourages corporate
    sponsorship for certain portions of its events and seminars. Corporate sponsorship
    includes sponsorship of meals, audio/visual requirements, sponsored “breaks”,
    websites, corporate “giveaways” with seminar logos, door prize drawings, receptions, et
    al. Details are available directly from West Coast Casualty Service, Inc.

14. The unauthorized use or reproduction of any of West Coast Casualty’s logos are strictly
    prohibited.

15. Private Party Policy - Following the yearly Construction Defect Seminar, it has become
    tradition for numerous organizations to conduct private parties for their guests and
    participants of the seminar. Those persons interested in sponsoring an “after seminar”
    party should make arrangements directly with the facility of their choice. Such activities
    are considered outside the scope of the seminar event itself and shall not interfere with
    the regular schedule of the seminar. At no time shall a private party be scheduled during
    any portion of the educational portion of our seminar.

16. “Buy a Banner, Support a Charity” – West Coast Casualty Service is very proud and
    committed to “give back” to the community we serve through our support and
    contributions to charitable organizations.

   •   “Buy a Banner, Support a Charity” works this way: A sponsor may choose a charity
       of its choice and make a contribution to that charity. The sponsor forwards its check,
       payable to the charity, to West Coast Casualty Service. West Coast Casualty then
       forwards the check to the charity with an explanation of the “Buy a Banner, Support a
       Charity” program. West Coast Casualty would then prepare a banner to hang in the
       public areas of its seminar and events which would bear the name of the charity, the
       sponsor and the event itself. The sponsor, if it chooses to do so, may keep the banner.

                                           14
   •   Since most charitable contributions are tax deductible, the sponsoring organization
       receives a full and complete tax deduction, the charity receives the full amount of the
       sponsor’s donation, West Coast Casualty gets the opportunity to be the vehicle which
       gives back to the community, the sponsor receives full recognition for its donation by
       the hanging of the banner at the event as well as recognition in the event handout and,
       most importantly, those in need benefit.

17. Vendor Fair Participation - At each construction defect seminar, West Coast Casualty
    presents a vendor fair. Participation is subject to the execution of West Coast Casualty’s
    Vendor Agreement and payment of all required fees. Vendors are accepted on a “first
    come, first served” basis. West Coast Casualty reserves the right to limit the number of
    vendors representing any specific trade and/or service so as not to overburden the
    attendees with any one specific trade and/or service.

18. West Coast Casualty seeks and encourages participation from all members of the
    community regardless of race, creed, religion, sex, national origin and/or sexual
    preference. West Coast Casualty further encourages and seeks participation from
    members of the physically challenged community. In that regard, West Coast Casualty
    will only agree to hold its events at sites and locations that meet or exceed the minimum
    requirements of the Americans with Disabilities Act (ADA) and Title 21 of the California
    Administrative Code.

19. All participants in West Coast Casualty’s events, seminars and/or publications by their
    submission, participation and/or attendance agree to the terms and conditions as set forth
    herein.




                                   America’s Largest . . .

                                         America’s Favorite . . .

                                                  America’s Best . . .

                                    Construction Defect Event




                                           15
                                             The 17 th Anniversary
                                                 West Coast Casualty’s




                                                  Construction Defect
                                                       Seminar
                                              May 13th and 14th 2010
                                            The Disneyland Resort Hotel
                                            Anaheim, California, U.S.A.

             A special message and request from Seminar Coordinator
             David Stern to members of the Judiciary, Mediators and
             Arbitrators
On May 13th and 14th, 2010, West Coast Casualty will conduct its 17th Anniversary of West Coast Casualty’s
Construction Defect Seminar, the largest seminar of its kind world wide. While we are just in the planning stages at this
time, this event will be like no other that we have been involved with before. Given the nature and significant
importance of the topics and subjects that will be discussed at our seminar on May 13th and 14th, I would ask that you
please accept this short note as my personal request to avoid planning any important trial dates, mediations or
arbitrations for May 13th and 14th, 2010.

This event will be of significant importance to many as it will help shape their own career paths in the legal and
insurance communities and for the first time, we anticipate a capacity crowd.

In years past, we have had numerous requests for our handout material and the majority of those requesting copies were
parties who told us that they were unable to attend the seminar due to scheduled trials, ongoing mediation and/or
arbitration sessions. Those parties were disappointed to learn that the many thoughts and ideas exchanged at the seminar
were those that they could have benefited from in their day to day handling of these cases. As we plan a number of
special events for our 2010 seminar, we want everyone to have an equal opportunity to share in this experience.

These seminars have been created as a tool to provide the very best educational value in an informal, comfortable and
neutral venue so all parties that make up the construction defect community can be kept up to the minute on this ever
changing field of specialized claims handling and benefit from the ideas that are exchanged at our seminars.

I would like to extend my thanks to all those judges and mediators who “went dark” during our seminars in the past
years as well as all those events which were not calendared for those dates. I would, once again, ask that you please be
mindful of this seminar and its importance to the construction defect community when planning your diary for May 13th,
and 14th, 2010, and if at all possible, please accept this short note of thanks if you can avoid planning any activity for
these dates.

Very truly yours,

West Coast Casualty’s Construction Defect Seminar

Dave Stern
David Stern, RPA
Seminar Coordinator




                                                             16
                                         The 17 th Anniversary
                                             West Coast Casualty’s




                                              Construction Defect
                                                   Seminar
                                          May 13th and 14th 2010
                                        The Disneyland Resort Hotel
                                        Anaheim, California, U.S.A.


                 We Want You to Succeed !
       Helpful hints on participating as a speaker at
  West Coast Casualty’s Construction Defect Seminar
1) When you get the speakers packet;

                  a) Review the list and select topics you are certain that you can speak about.
                  b) Think about suggesting other topics which are important to you.
                  c) Think about approaching your peers, adversaries, judges, clients, etc. to be
                     co-speakers/presenters with you. Select panelists who will interact well with you and the other
                     panelists
                  d) Discuss topic suggestions with your staff.
                  e) Discuss topic suggestions with your colleagues, peers and clients.

2) When you submit your proposed topics;

                  a) Don’t just pick a topic off the list and submit it without any backup materials.
                  b) Submit as many topics as you feel are important.
                  c) Put together a paragraph or two about your proposed topic(s).
                  d) Use presentation materials such as photos, graphics, illustrations, etc.
                  e) Suggest who you will approach to be co-speakers or a panel discussion for your
                     topic(s).
                  f) Let us know the complexity level of your subject
                  g) Emphasize why we should pick you.

• We look for different levels of complexity for our sessions so if yours will be easy to difficult, let us know how
you would rate it.

• Be creative, try and avoid the same old topics from prior seminars so you will have a different "spin" on the topic.

• Select panelists who will interact well with each other and not just give their “five minutes” worth and then sit on
the stage while the others on the panel give their “five minutes” worth.

• We like to publish articles of interest in our seminar handout so even if you feel that speaking at our event is not
for you, consider submission of an article for publication which may be distributed to all of our attendees.

The ultimate goal of West Coast Casualty’s Construction Defect Seminar is to pick the very best speakers and the
very best topics for its events. If you take your time in preparing your subject materials and follow the suggestions
above, you definitely improve your chances greatly for being selected. One of the primary reasons our speakers keep
coming back is that our seminar presents a great opportunity for them, and their organizations, to be recognized as
leaders in this community . . . Now, isn’t it your turn ? . . .


                                                          17
                                            The 17 th Anniversary
                                                West Coast Casualty’s




                                                 Construction Defect
                                                      Seminar
                                              May 13th and 14th 2010
                                            The Disneyland Resort Hotel
                                            Anaheim, California, U.S.A.



                          The Results Are In . . . . .
Dear Colleagues,

On October 7, 2009, West Coast Casualty sent out approximately 1500 e-mails to members of this community seeking
ideas for suggested topics.

In that same e-mail, we asked several questions in the hopes of eliciting replies that would help our speakers prepare
their topics with some input from the community. The good news is that whether you are a speaker or not, we can all
learn from the anonymous replies received during our survey.

The questions appear below in bold and we have consolidated the answers (which appear in blue in order to save space
and time for review.

             1) What you dislike most about current construction defect processes and procedures (claims and/or
             litigation stages) and what would you like to see changed about them?

        1.   Too many lawyers that have no idea how to really practice as they spend their time in mediations and
             sitting listening to others actually take depositions.

        2.   SB800 claimants do not properly or thoroughly identify their defects sufficiently to investigate and resolve
             quickly.

        3.   Defense attorneys do not understand or follow SB800 rules, and largely believe it is a waste of time.

        4.   The process still does not address the needs, issues, lack of information and problems facing the
             subcontractors - the parties who actually pay the bulk of the settlements in these cases.

        5.   Cross defendant attorneys are not sufficiently prepared at mediation to discuss their exposure and offer
             meaningful settlement.

        6.   Experts do not have recourse when paid late by adjusters, or when months go by with no payment. Insurers
             should be required to pay interest and penalties just like any other client.

        7.   Mediators are becoming traffic cops and schedule many wasteful sessions just trying to organize the group.
             Attorneys should be held accountable for their ineptness when they do not know their case, have no
             understanding of their exposure, and have not bothered to retain experts to advise them of the exposure.
             Right now, these attorneys which comprise a majority of the subcontractor legal community, have no
             accountability, which costs the industry millions of dollars and prolongs litigation.



                                                             18
8.   Builders are not required to e-file their documents, so it still takes months to get the critical information of
     a project. Builders should receive extra premium discounts when they have a robust electronic filing
     system and can provide their plans and contract info quickly, saving money.

9.   Non-compliance with CMOs.

10. The number of mediations necessary to settle

11. Additional Insured carriers and their named insureds are locked in to a case because they have insurance
    favoring a developer, even if exposure to the named insured is minimal

12. I most dislike inefficiency and would like to see the courts/judges around California more actively manage
    cases and work closely with the experienced mediators to promote efficiency.

13. Colorado’s Right to Repair statute is actually, only a Right to Offer to Repair. It contains no teeth and is of
    limited use, particularly in a multi-family residential setting.

14. Colorado’s 90 day tolling of the statute of limitations (such that a contractor can pursue subs within 90 days
    of settlement or judgment with the plaintiff) does not, on its face, also apply to the statute of repose. This
    can lead to significant inequalities and inequities and must be legislatively clarified.

15. I dislike the entire MEDIATION process; it is costly and essentially a waste of time. It really needs to be
    revised and the mediators need to understand that unless a case is “ready” there is simply no need to
    proceed. Additionally, the cost for the mediators is seriously out of hand. I know that my clients cannot
    afford it and while the economy is really bad, mediators are still raising their prices and they all seem to be
    doing quite well, financially, while about 50% of my clients have lost their businesses. Of course I am not
    suggesting that is the fault of the mediators, but it is a rather large slap in the face to these framers losing
    their business to be charged a huge sum of money for me to attend and say “I have not yet met the SIR.”
    It simply must be revised. I do not know what the correct solution is, but we all need to come up with one.

     2) What you like most about current construction defect processes and procedures (claims and/or
     litigation stages) and is there room for improvement. If so, what should be improved?

1.   SB800 processes can work if claimants adequately prepare their claim and builders quickly respond. The
     high SIRs of newer policies, coupled with the demise of Type I indemnity to subs, will work to create more
     desire for builders to quickly and permanently resolve conflict.

2.   Claimants must set forth their complaints in writing and be specific as to location. Builders only have 30
     days to respond, which puts the burden on the builder to react quickly. Rapid response to a claim helps
     keep costs and tempers low.

3.   Most SB800 claims are resolved if they can be investigated by an independent expert who provides a
     written scope and cost of repair within 30 days. Certain insurance companies has mandated that their
     claims adjusters turn over the work to the expert within 72 hours of receiving the claim.

4.   The Right to Repair law is working better than anticipated when you get a good mediator and the parties
     strive for resolution not just playing the same old game.

5.   Early and meaningful mediation should be encouraged across the board. Increased use of arbitration.

6. The Notice of Claim process is an improvement in Colorado, but is not sufficient to efficient and early case
     resolution evaluation.

7. I really like that although we litigate, everyone usually maintains a very friendly atmosphere.

     3) What insurance products could be changed or created for future construction products?

1.   Creating a product that deals with allocations, AI carriers, etc. in a creative and predictable fashion.

2.   Also create a product that will respond to companies that go out of business and can't pay the SIR or
     deductibles.



                                                       19
        3.   Creating an insurance product for projects that get sold or are taken back by the lender, are partially
             completed and need insurance for the new entities.

        4.   Need for excess coverage of wrap coverage which is consistent with the underlying coverage for the
             policyholder requirements.

        5.   Insurance products must be packaged in a way that is similar to all other products a builder purchases. This
             year look for new policies that are “per unit” purchases, where builders pay as they bring new homes
             online.

        6.   The coupling of warranty, pre-SIR claims response with traditional coverage will be encouraged, as
             builders look to find partnerships with their insurers that help them resolve risk.

        7.   Builders are starting to accept that they must be accountable for quality and compliance, and the better
             builders will be rewarded with significant rebates when they can prove that they are a high quality builder
             with a lower risk product.

        8.   Incentives for builders who are ISO certified, who have a robust internal QA program, and file documents
             electronically.

        9.   It would be great to have an insurance product that my clients can afford, and they can decide on counsel;
             and have decisions regarding settlement of a claim or to decide to go to trial. NO WRAPS, they do not
             work; it creates all sorts of conflicts of interest.

             4) What construction product, technology and/or procedures could be implemented or changed to
             reduce exposures for future construction defect claims?

        1. The building industry is still in its infancy with computer technology, real-time inventory, pre-
             manufactured components and energy management. We need to have more snap-in building components
             such as electrical wiring harnesses and lighting systems that don’t require any tools (used on some
             commercial jobs now), snap together HVAC ducts that are leak-free, and advances in manufactured
             housing that limits manpower on jobsites and reduces worker injuries. The home of the future will come
             largely from a manufacturing plant rather than be assembled in the sticks and mud using raw materials
             assembled by unskilled workers. Builders cannot sustain the stick-built mentality any longer, so once
             insurance products become more aligned with the significantly reduced risk in manufactured components,
             the custom home will be an anomaly.

        2.   Procedures: Maintain the Goodyear decision in Colorado regarding limitations on the recovery of pre-
             judgment interest. Fight anticipated legislative efforts to alter or overturn it.

        3.   Services/technology: Software that better integrates the key terms of the prime contract and subcontracts,
             change orders, etc. and provisions regarding arbitration.

        4.   Increased and proper use of independent plan review, third party quality construction and/or third party
             warranty professionals

I would like to extend my thanks to all those who participated in this survey which helps us create a great learning
experience for those involved in this community.

Very truly yours,

West Coast Casualty’s Construction Defect Seminar

Dave Stern
David Stern, RPA
Seminar Coordinator



    “ To every person there comes that special moment when he is tapped on the
    shoulder to do a very special thing unique to him. What a tragedy if that moment
    finds him unprepared for the work that would be his finest hour. ”
                                                                  Winston Churchill
                                                            20
                        The Suggested Topics of
                                 West Coast Casualty’s
                              Construction Defect Seminar
                                May 13th and 14th, 2010
1) What’s going on in the changing insurance market?

                          •   New products
                          •   Insurers going out of business or consolidating
                          •   The impact of policy exhaustion for developers, general
                              contractors and subcontractors
                          •   Impact of exclusionary language common to the more recent
                              policies of insurance and their test as to validity
                          •   Impact of self-insured retentions and bankruptcy issues
                          •   Wrap, OCIP, CCIPs – Realistic solution or Band-Aid ?

2) What manufactured product(s) and/or prefabricated products used in the construction industry
today are becoming subjected to class action suits most (i.e. pex piping, siding, roofing materials,
etc.)?
                         • What happens when your client/insured is an installer and they are
                            named in a class?

3) What to do when there are missing parties and/or insurers in a case or in some cases when the
developer, general contractor and/or significant subcontractors are missing.

4) How are we going to resolve ongoing carrier disputes (equitable contribution/subrogation
claims between the primary carriers, the additional insured carriers and any excess carriers?

5) Chinese Drywall – While still in the infancy stages of development, many say that this issue
may affect up to 500,000 homeowners/dwellers in 25 U.S. states and cost billions of dollars.

                          •   What really happens when homes and their contents are exposed to
                              Chinese Drywall?
                          •   How to properly prosecute Chinese Drywall claims
                          •   How to properly defend Chinese Drywall claims
                          •   What are the insurance coverage challenges

6) Contractual indemnity obligations -

                          •   More about the "Crawford" case - different perspectives from
                              Developers and Subcontractors
                          •   How do "Crawford demands" play into cases where AI and/or
                              direct carriers are already defending
                          •   The need for additional mediations (or separate mediation
                              sessions?) to sort out "Crawford" vs AI obligations by subs
                          •   Did the “Crawford” decision really change anything?

7) Changing Statute of Limitations, specifically, impact of repairs made and tolling due to Right
to Repair/Opportunity to Repair statutes.


                                                21
8) Defense Sharing Agreements for Wrap and Non-Wrap projects -

                          •   A cure or a curse?

9) What are the duties of primary, excess and additional insured carriers to the insured(s) and
each other?

10) Let's change the special master/multiple mediations cycle now

                          •   Considerations for a new way to save money and practice law

11) How to really chase AI carriers

12) What will class certification really do to the construction defect world?

13) Strategies for getting parties to cooperate and share discovery on a timely basis

14) Agent/Broker Liability – Claims against agents, brokers and/or captive managers

                          •   New liability theories
                          •   Are the claims real or is this just another way to bring “fresh”
                              money into the case.

15) Design Professional tenders to subcontractors – As more design professionals tender claims
to subcontractors, what is the response to these claims and what are the insurance carriers
responsibilities?

16) The challenging role of mediation and mediators attempts to resolve claims/cases early,
especially in light of dwindling/restrictive coverages for contractors and their subs. What else
can be done?

17) What are “Second generation suits,” and are they on the increase or the decline?

                          •   Discussion of “Second generation suits,” claims for improper
                              investigation, identification or remediation of the construction
                              defect against attorneys, experts and HOA board members for
                              failing to recognize the scope and gravity of defect conditions,
                              repair protocols and costs associated with repair
                          •   “Second generation suits,” claims against the remediation
                              contractors and contractors that they did not properly repair the
                              condition causing the defect(s)
                          •   “Second generation suits,” claims against the brokers and agents
                              for failure to secure appropriate coverages for their contractor and
                              subcontractor policyholders.

18) What’s going on in Texas?

                          •   The recent surge of Texas Supreme Court cases
                          •   Now that the Texas Residential Construction Commission (TRCC)
                              has been abolished in Texas, what lies ahead for homeowners,
                              contractors, insurers and the judiciary in Texas?


                                                22
19) It’s a Wrap! - Discussion on successes and failures in Wraps, OCIPs, CCIPs claims;

                           •   What works best?
                           •   What doesn’t?
                           •   What can be done to improve the process?

20) At a time when Additional Insured Obligations appear to be the only controlling aspect of a
case, how do you break the grip of the never ending legal bills and get to end game of resolving
the case while making sure you are acting in good faith.

21) The status of right to repair statutes - what works, what doesn’t, what have we learned and
where are we going?
                            • The most common successes
                            • The most common failures
                            • New legislation across the country to address specific construction
                               defect issues in right to repair.

22) Carrier vs. Carrier disputes. How can we resolve the problems between participating carriers
and recalcitrant carriers?

23) A panel of experts showing typical Construction Defects to educate on the most common
Construction Defect problems.

24) Wraps, Gaps and Wrap Traps: The real benefits and pitfalls of Wrap coverage.

                           •   What they are?
                           •   Do wraps resolves the problems?
                           •   How they work (or suppose to work)?
                           •   What is the best kind of wrap up policy for builders and
                               subcontractors?
                           •   Wrap up coverage case law, what has been developed and if so,
                               what is it?

25) A/I indemnity demands, separate from A/I expense demands -

                           •   What is the real obligation and who owes it?

26) Biggest Challenges – What are the biggest challenges in today’s Construction Defect arena?

27) The wind blows east . . . or does it?

                           •   What trends, changes in case law,etc are developing outside of the
                               western states. While the majority of construction defect case law
                               and trends have developed in the western states, many Midwestern
                               and east coast states have been seeing an increase in frequency and
                               severity of these claims. This topic would discuss current
                               developing case law and trends in the rest of the country.
                           •   A national overview of construction defect issues; A state by state
                               overview of case law, application of theories, coverage issues.




                                                23
28) Identifying and resolving current problems in the Case Management Process

                          •   Why does it take 8-12 months for the subcontractors to get
                              dismissals.
                          •   The current inability to obtain admissible evidence to support a
                              dispositive motion.
                          •   The lack of defense of cases especially where Aas issues still apply
                              or where the limitations in the SB800 functionality standards are at
                              issue, why are GC counsel not pushing that defense.
                          •   The current CMO process is a product of collusion between
                              counsel for Plaintiffs, the GC and the special master who craft the
                              documents before the subs are brought into the case and have no
                              chance to stipulate.
                          •   The use CCP 170.6 challenges.

29) Working with Counsel

                          •   Partnering with your attorney
                          •   What concepts work
                          •   What concepts don’t work
                          •   What roles need to be defined? By defense counsel? By insurers?

30) Realistic Evaluations – What do we need to get to the end of the game faster?

31) Self Insured Retentions

                          •   What’s the good?
                          •   What’s the bad?
                          •   How did it all get so ugly, so fast?
                          •   An examination of multiple policies, different language, different
                              positions.
                          •   What, if any, implications exist as a result of “Executive Risk
                              Indemnity v. Jones” 171 Cal. App. 4th 319, 89 Cal.Rptr. 3d 747
                              (2009)
                          •   How are self-insured retentions being applied
                          •   What are a carrier’s obligations when an insured is unable or
                              unwilling to pay the self-insured retention
                          •   What about the application of multiple self-insured retentions on
                              “per claim” basis or varying self-insured retention amounts over
                              multiple policy years with one carrier or multiple carriers

32) Additional Insured Issues – Are we running out of additional insured endorsements so that
soon the mailbox installer will be paying for the defense of the entire claim?

                          •   What’s right?
                          •   What’s fair?
                          •   What’s going to happen?

33) Why don’t 998 offers (Offer of Judgment) work?

                          •   Or should they?
                                                24
34) As the insurance coverage gets tighter, are more reallocation “Buss style” actions on the
horizon?
                         • Will more litigation arise?
                         • What about cost vs. recovery?
                         • What about replenishing a policyholder’s aggregate obligations?

35) With the new problems in the world economy, devaluating home prices, sub-prime mortgage
and difficulty in obtaining credit, have more Construction Defect claims arisen?

36) Dealing with mixed-use projects and lofts; what issues separate them from traditional
residential construction defect cases, including;

                          •   Prosecution
                          •   Defense
                          •   Insurance Coverage

37) Are Joint Experts, Streamlined Mediation & Early Resolution really plausible or does it still
remain the impossible dream?"

38) With the country going “Green”

                          •   What new products are being born from Green Building
                              Technologies and what if any of those technologies will help in
                              repairing current Construction Defect claims for homeowners?
                          •   What new problems are developing from Green Building
                              Technologies and how will they be overcome?

39) Updated Coverage Decisions - With the significant role insurance plays in construction
defect claims and litigation as well as the recent endorsements attached to most insurance
policies issued today, this subject will discuss recent court decisions on the coverage questions
arising from these specialized claims.

40) An Updated C.D. Claims Managers Crossfire - This topic will include a panel discussion
involving a number of claims managers from construction defect units across the United States
discussing common problems and practical solutions to insurance related issues.

41) What steps is the building community taking to improve the quality of buildings and what
new materials are becoming available to reduce construction defect claims. What effect, if any,
will such steps and efforts have on the price and availability of insurance?

42) Experts Panel Discussion -This subject will include a panel of experts who can discuss the
economical use of experts, the better use of joint experts meetings, the use of joint neutral
experts, what can be done to expedite expert meetings, allocations of damages without extended
discovery, new technologies to determine the extent of damages, steps needed to be taken from
the time of retention through the time of trial and who plays the part in these steps, as well as
potential alternate repair methodologies.



L TOPIC SUBMISSIONS DUE BY MONDAY NOVEMBER 30, 20097
                                                25
43) Various Options in Settling Around Recalcitrant Carriers - This topic will focus on the
options a participating carrier will have when a co-carrier refuses to participate in the defense or
indemnity of a construction defect claim involving a common insured. This subject will examine
how a carrier can extricate itself from a loss through an assignment basis without being brought
back into the claim through the non-cooperating carrier’s cross complaint.

44) Arbitration Clauses
                           •   Do they work?
                           •   Which ones are enforceable?
                           •   What language makes them unenforceable?
                           •   What recent court decisions have had an impact on arbitration?
                           •   Is arbitration a better way to go than traditional litigation?

45) Defense Within Limits, The ethical obligation of plaintiff counsel and defense counsel to
their clients when coverage “burns away” and;

                           •   What obligations do insurance carriers have?

46) How to allocate, and then re-allocate additional insured obligations. Who should have the
burden and responsibility of doing it?

47) What New Products are available for both Destructive Testing and Repairs - This topic will
focus on the discussion about the use (or misuse) of new technologies for reduction in cost of
destructive testing as well as alternative repair methodologies which will reduce the cost of
repair but also satisfy current building code requirements.

48) What elements of Risk management will reduce exposures to construction defect claims.

49) What is best for your client regarding an issue release or a scope of work release? This topic
would explore the reasons why some plaintiff counsel only give a scope of work release and
others will do an issues release.

                           •   What are the differences of each?
                           •   What affect do they have on the AI obligation?
                           •   What effect on the indemnity clause in a subcontract?

50) The National Insurance Coverage Overview – This topic will embrace a discussion on the
issues relating to insurance coverage for construction defect claims throughout the nation. With
the increase of construction defect cases in many Midwestern and eastern states, the questions
relating to coverage continue to be an issue for policyholders and insurers alike. Many states
have adopted coverage principals from neighboring states who have faced similar issues and
many states have adopted their own rules based on precedent case law already established in that
state. This discussion will focus on the problems to include, but not necessarily be limited to,
occurrence, additional insured issues, property damage and trigger theories.




L TOPIC SUBMISSIONS DUE BY MONDAY NOVEMBER 30, 20097
                                                 26
51) Is the “Perfect Storm” for construction defect litigation on the horizon?

    Given passage of the One Trillion Dollar bailout for the sub-prime housing mess:

    •   As more homes fall into foreclosure;
                  ! As more banks continue to strain to keep themselves afloat;
                         • As the U.S. Government seeks to re-coup its bailout funds

Will the future of construction defect claims and litigation spur new plaintiffs seeking to recoup
funds from contractors, subcontractors and their insurers for alleged construction defect claims in
the homes which have been abandoned by homeowners, become the unwilling property of banks
and mortgage institutions as well as the government who seeks to recoup funds in the bailout or
the sub prime mortgage mess?

52) Recent and Upcoming Anticipated Legislative Changes; A Bipartisan, Multi-State look at
how the state legislatures are reacting to Construction Defect litigation. (This would be best
presented by attorneys or other construction industry professionals who are actively working in
and/or tracking legislative changes in their state or region and/or by judges)

53) Right to Repair vs. Right to Offer a Repair vs. Mere Notice of Claim: A Multi-State Look at
What is Working and What Needs to be Changed. (This would be best presented by CD
adjusters, CD attorneys and judges practicing in the construction industry who have had the
opportunity to test/work within the various states or regions’ systems and who could efficiently
and concisely identify the similarities/differences between and among the “various right to
repair” legislation. In speaking with a number of adjusters, this topic would be most beneficial
to those adjusters who cover a variety of states or regions.)

54) When Bankruptcy Enters the Picture: How does the handling of a case change? From Relief
from Stay and its implications on the carrier to Timing Considerations – A Practitioner’s Guide
(This topic is extremely relevant as more attorneys are faced with defending and/or prosecuting
claims where one or more of the primary defendants have filed for reorganization. This topic
would be presented best by attorneys and builders who have experience in bankruptcy and
processing claims, warranty, and litigation post filing.)

55) Ethics: When attorney fees are the only obstacle to early case resolution. (A variety of
professionals, including mediators, attorneys, judges, insurance professionals and/or builders
could contribute to this topic; an ethics “expert” would be key.)




Please note that the diverse opinions that may be expressed in West Coast Casualty’s course books,
seminar handouts, publications or expressed at our seminars and events are those of the authors and
speakers and do not necessarily reflect the policy and opinion of West Coast Casualty Service, Inc.




L TOPIC SUBMISSIONS DUE BY MONDAY NOVEMBER 30, 20097
                                                27
                                                                                  12th Anniversary
                                                                                     Celebration
             Proudly Gives its Support to:

                                                                      Buy a Banner . . . .
                                                                           Support a Charity . . . .
                                                                                   Lift a Life . . . .
                    West Coast Casualty’s     As in the past 11 West Coast Casualty
                                              Construction Defect Seminars, those
                                              wishing to receive recognition for the
                                              support of West Coast Casualty’s Charity
                                              Program may purchase a banner to hang in
                  Construction Defect         the halls of the seminar event. The banner
                       Seminar                will acknowledge the name of the sponsor as
                                              well as the charity itself. The “Buy a
                May 13th and 14th 2010
              The Disneyland Resort Hotel     Banner, Support a Charity” program is tax
              Anaheim, California, U.S.A.     deductible(*) and sponsors of this program
                                              will be recognized in the seminar handout.
          No matter who you donate the banner to or who it is named for, the results are that
          the proceeds will go to a worthy cause in the name of someone you knew or
          someone who touched your heart.
          Please contact me to participate in this worthwhile cause. I’ll always be available
          to take your calls, answer any questions and offer any assistance.
                                                      Coral Stern, President
                                                West Coast Casualty Service, Inc.
                                     5743 Corsa Avenue # 205, Westlake Village, CA 91362
                                         Tel. 818 735 3595, Ext 108 - Fax. 818 735 3596
                                               coralstern@westcoastcasualty.com

West Coast Casualty’s Construction Defect program, “Buy A Banner, Support A Charity” sponsorship program
has helped over a 100 charitable organizations which proudly include, but are not limited to; The City of Hope,
Los Angeles Firefighters’ Widows and Orphans Fund, Interval House Crisis Centers for Battered Women and
Children of Long Beach, Shriners’ Hospital, The Los Angeles Mission, Disabled American Veterans of Orange
County, The American Parkinson’s Association, Blind Children’s Learning Center of Santa Ana, AIDS Walk Los
Angeles, Susan G. Komen Walk for the Cure, Girl Scouts USA, USO, Smile Train, American Cancer Society, St
Vincent De Paul Villages, Leukemia and Lymphoma Society, Orangewood Children’s Foundation, Pediatric
Cancer Research Foundation, UNICEF, Alameda County Community Food Bank, CASA Foundation, 999 for
Kids, Los Angeles Children’s Hospital, Olive Crest Children’s Home, Make-A-Wish Foundation, Kindness,
Inc. and Habitat for Humanity.

(*) In order to receive tax deductible status, you should check with the charity and your financial planner to determine if you are eligible to take a
tax deductible contribution in accordance with the tax law as established under the Internal Revenue Service Code and/or your state tax bureau.

                                                                         28
              The Common Questions and Answers for Participating in
                            West Coast Casualty’s
                         Construction Defect Seminar
                           May 13th and 14th, 2010
1) I am a single practitioner so my time is limited in preparing a topic suggestion but I feel it is a good
one and I feel it will benefit the community. Would you help me in contacting specific judges, experts,
other counsel who could add to my presentation.

        West Coast Casualty’s Construction Defect Seminar has access to a pool of industry experts
        who have been successful in this arena and would be happy to assist you in approaching
        someone to participate with you on a proposed topic.

2) I wish to submit a topic as a single presenter but your history indicates that panels appear to be the
flavor of the seminar, do I stand a better chance as a panel presentation ?

        West Coast Casualty’s Construction Defect Seminar seeks the best topics for its events so if you
        feel that your topic is best served as a single presenter, just tell us why and it will be given the
        same level of consideration as a panel presentation.

3) I have a number of topics that I would like to submit but I am not sure if they will be “strong
enough” to be selected. Is there anything I should do to enhance them ?

        West Coast Casualty’s Construction Defect Seminar’s Speakers and Topics Committee has faced
        this situation many times. In consideration of a “strong” topic or idea, the Committee works
        toward either enhancing the topic itself or combining it with other submissions of the “like and
        kind” from other “strong” suggested topic submissions. Many of our panels are created this way.

4) I see many of your speakers are repetitive speakers. I would like to know if a prior speaker gets
preferential treatment because they are either repetitive speakers or hold a position of authority (i.e. a
sitting judge, mediator, someone in the building trade, etc) ?

        West Coast Casualty’s Construction Defect Seminar is a leader in this community and is the
        largest event of its kind worldwide in this arena. Many see all of the benefits of speaking at our
        event as an enhancement for their own personal and professional growth. They also feel speaking
        at our event helps them become recognized as a leader in this field of specialty so they put in a
        concentrated effort to get selected to speak. This is the primary reason that you see repetitive
        speakers at our event. In certain cases, due to the specific topic at hand, we will ask particular
        people to speak at our events.

5) What are the time restraints and panelist restraints for proposed topics ?

        Generally our seminar’s session time limits are now 60 or 90 minutes in length. From time to
        time, we will increase those limits as the need arises. We limit the panelist to no more than six (6)
        including the panel moderator.

6) I am not technically literate so I am unable to do a PowerPoint presentation or some of the fancy
presentations I have seen at your seminar. Would you help me in this regard ?

        The use of multimedia equipment and visual presentations at our seminar is highly encouraged.
        However, if you are not technically proficient, we encourage the use of handouts and the use of
        overhead projector slides which also help you during your presentation. We always encourage
        handout materials so the audience has something to take home with them and something to
        remember your topic by. You may also seek the professional services of many of the outside
        vendors who can assist you in the preparation of your topic.


                                                    29
7) I do not have a topic submission in mind but I am available to speak since I do have a vast amount
of experience in this field. Is there a way, I could “sign on” as a volunteer for those who might need
my input and experiences as a possible panel member for their topic?

       West Coast Casualty’s Construction Defect Seminar has access to a pool of industry experts
       who have been successful in this arena and would be happy to have you send us a brief overview
       of your experience which we would pass along to those making a request to have someone assist
       them on a proposed topic.

8) If my topic is selected, can I use the same topic and materials for presentation at other seminars
subsequent to your event and can I say that this topic was selected and presented at your event ?

       West Coast Casualty’s Construction Defect Seminar has no objection for a repeat use of your
       seminar topic and materials at another event nor will we object to saying that it was presented at
       our event. However, we do restrict the use of any of our logos or copyrighted materials from our
       events and seminars.

9) Is there a minimum or maximum amount of materials that I should submit with my topic proposal ?

       West Coast Casualty’s Construction Defect Seminar has no minimum or maximum policy
       regarding submissions. We do encourage those submitting topics to be cognizant of our handout
       “We Want You to Succeed” that is included in this packet of information on page 17 which will
       greatly assist and enhance your chances at being selected.

10) You have been doing this and other seminars for 16 years, what is your best advise for speakers
who wish to speak at your events?

       West Coast Casualty’s Construction Defect Seminar has placed a great amount of emphasis on
       advising how to participate in its events and seminars through the instruction and submission
       materials which we produce for proposed speakers but the goals are simple when it comes to
       advice for speakers:

       •   Know what you are talking about and feel comfortable about it
       •   The goal is to explain the materials to your peers as they are the majority of the audience
       •   Provide a number of potential topics
       •   Be specific and concise
       •   Deliver your presentation in a clear and rapid way in a short amount of time
       •   Be informative about YOUR subject
       •   Use examples with your presentations but not “war stories”




                                                   30
                               The 16 th Anniversary
                                  West Coast Casualty’s




                                   Construction Defect
                                        Seminar
                                May 13th and 14th 2010
                              The Disneyland Resort Hotel
                              Anaheim, California, U.S.A.




Sponsor / Vendor Information Packets
     to be distributed via e-mail
    Tuesday December 15, 2009




For further information or to receive a sponsor or vendors package, please send an e-mail to
                             davestern@westcoastcasualty.com

                                            31
     The 16 Anniversary    th
                 West Coast Casualty’s




        Construction Defect Seminar
                 May 13th and 14th 2010
               The Disneyland Resort Hotel
               Anaheim, California, U.S.A.

    America’s Largest . .
          America’s Favorite . . .
                       America’s Best . . .

5743 Corsa Avenue, - Suite 205 – Westlake Village, CA 91362
          Tel. 818 735 3595 – Fax. 818 735 3596
 www.westcoastcasualty.com - cdseminar@westcoastcasualty.com

 L       REPLY DUE BY MONDAY NOVEMBER 30, 2009                     7
After Sixteen Great Years . . . . .

                           A Tradition of Excellence Continues . . . . . . .
                                      32

				
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