Insurance in the
7.25 General Credits April 7, 2011 Embassy Suites Portland, OR
6.75 General Credits Oregon courts are dealing with many emerging insurance coverage
issues related to the construction industry. Construction cases
PA CLE: that involve insurance often become insurance cases that involve
6.5 Substantive Credits construction.
Oregon Insurance: Learn how to best avoid litigation and what to do if you can’t. Join
8.0 Credit Hours our eminent panels of experts for a targeted overview and discussion of
today’s hottest topics in construction risk management and insurance.
OR RE Appraiser:
8.0 Classroom Hours You will gain valuable insight on procurement issues currently faced
by all risk managers with respect to general liability and property
Contractors & Engineers: insurance.
Please join Program Chair Michael E. Farnell of Parsons Farnell &
Grein LLP, along with the rest of our outstanding faculty, as they cover
• Most Often Litigated Builder’s Risk and Other First Party Issues
Who Should Attend: • General Liability Insurance: Hot Topics
• Top 10 Most Questionable Decisions in Oregon Construction Insurance
State and Municipal Officials
• Duty to Defend
Land Owners • Emerging Issues Regarding Additional Insured Coverage
Insurance Professionals • Litigating Coverage Issues after Settlement
Utility Managers • The Duties of Insurance Defense Counsel
Real Estate Developers and • Important Differences in Oregon and Washington Coverage Law in the
Professionals Construction Context
• Mediation of Construction Disputes: Time for a Change?
1 onlIne: www.TheSeminarGroup.net
5 eaSy 2 fax: 866-435-3444 ConferenCe
WayS to 3 emaIl: info@TheSeminarGroup.net SChedule
Phone: 206-463-4400 / 800-574-4852
5 maIl: PO Box 523, Vashon, WA 98070
Insurance in the Construction Industry ~ Portland, OR
Thursday, April 7, 2011
8:42 Introduction and Overview 1:45 The Duties of Insurance Defense Counsel
Michael E. Farnell, Program Chair Joint Representation; Information Sharing in the
Parsons Farnell & Grein LLP Tripartite Context; Understanding the Coverage
Dispute; Pursuing the Client’s Other Insurance
8:44 Most Often Litigated Builder’s Risk and Scott J. Kaplan
Other First Party Issues Stoel Rives LLP
Builder’s Risk and Permanent Property Insurance Michael Lehner
Ronald J. Clark Lehner & Rodrigues PC
Bullivant Houser Bailey PC
Seth H. Row
Parsons Farnell & Grein LLP 2:30 Important Differences in Oregon and
Washington Coverage Law in the
9:18 General Liability Insurance: Hot Topics Construction Context
The Coverage Grant; The Exclusions That Matter; Thomas Lether
Allocation; Supplementary Payments; Bad Faith Cole Lether Wathen Leid & Hall PC
Gregory L. Baird Kevin S. Mapes
Gordon & Polscer LLC Ball Janik LLP
Michael E. Farnell
Parsons Farnell & Grein LLP 3:00 Mediation of Construction Disputes:
Time for a Change?
9:55 Break Is Anyone Happy With The Process Anymore?
What Is Wrong with the Process? What can be done
10:05 Top 10 Most Questionable Decisions in to Fix It?
Oregon Construction Insurance • Pre-Mediation Protocols
Richard Lee • Coverage Mediation before Underlying
Bodyfelt Mount LLP Mediation
James T. McDermott • Pre-Mediation Telephonic Conferences
Ball Janik LLP Between Mediator and Principals
10:57 Duty to Defend • Consequences for Parties Whose Mediation
From Ledford to Fred Shearer & Sons; Duty to Representatives Have No (or Run Out of )
Investigate; Duty to Settle Monetary Authority
Sean W. Carney • Salvaging The Unproductive or Failed
Bullivant Houser Bailey PC Mediation
Michael E. Farnell, Moderator
Emily S. Miller
Parsons Farnell & Grein LLP Parsons Farnell & Grein LLP
Hon. Mark Gardner
11:27 Emerging Issues Regarding Additional Mark Gardner Mediation & Arbitration
Insured Coverage Martha Hodgkinson
Scope of Coverage: Defense vs. Indemnity; Impact Hodgkinson Street LLC
of Anti-Indemnity Statute; Timing of Defense Hon. Dale R. Koch
Determination; Allocation of Additional Insured Circuit Court Judge, Multnomah County, OR (ret.)
Roger A. Lenneberg
David P. Rossmiller Constructive Solutions LLC
Dunn Carney Allen Higgins & Tongue LLP
Michael J. Scott
Peter J. Viteznik
Scott Hookland LLP
Kilmer Voorhees & Laurick PC
12:11 Lunch (on your own) 5:00 Adjourn
1:13 Litigating Coverage Issues after Settlement
rom The Be
Stipulated Judgments; Covenants Not to Execute;
Northwest Pump; Stubblefield; Terrain Tamers;
Learn F ay!
ign Up Tod
Jay Beattie Christopher T. Carson
Lindsay Hart Neil & Weigler LLP Kilmer Voorhees & Laurick PC
The Seminar Group ~ FACULTY
Insurance in the Construction Industry
Michael E. Farnell, Program Chair, a founding partner of Parsons Farnell & Richard Lee, a partner with Bodyfelt Mount LLP, joined the firm in 1986. He
Grein LLP, represents policyholders in insurance coverage disputes with insurers practices general civil litigation, with an emphasis on products liability, environmental
in Oregon and Washington. He provides coverage advice and litigation to, among law, toxic tort, insurance coverage, and professional liability.
others, developers and contractors in construction defect disputes, businesses in Michael Lehner is a principal and founding partner of Lehner & Rodrigues PC.
intellectual property disputes, employee benefit plans in fiduciary and fidelity His trial practice covers police misconduct, municipal liability, premises liability,
disputes, and attorneys in malpractice lawsuits. automobile and trucking accidents, environmental contamination, construction
Gregory L. Baird is a partner with Gordon & Polscer LLC. His civil trial and defect claims, liquor liability and insurance coverage.
appellate practice emphasizes defense of insurers and commercial entities in Roger A. Lenneberg, owner of Constructive Solutions LLC, has over 20 years
coverage disputes and bad faith claims, including construction defect, CGL, experience resolving complex construction and commercial disputes. He has
property damage, and professional errors and omissions. extensive knowledge of construction law, bankruptcy, the Uniform Commercial
Jay Beattie, a partner with Lindsay Hart Neil & Weigler LLP, has over 20 years Code, and all types of dispute resolution.
experience representing clients in federal and state courts and administrative Thomas Lether is a shareholder with Cole Lether Wathen Leid & Hall PC. His
forums. He specializes in insurance law, products liability, employment related practice predominantly involves representation of insurance companies in the
law and appeals. investigation, adjustment and defense of suspected fraudulent claims, including the
Sean W. Carney, an attorney with Bullivant Houser Bailey PC, focuses his practice defense of insurers in resulting bad faith litigation.
on issues involving insurance coverage and defense litigation. He has represented Kevin S. Mapes, a partner with Ball Janik LLP, focuses on commercial litigation,
insurers in professional liability, environmental, construction defect, health care, environmental litigation, representation of policyholders in insurance coverage
and personal injury and wrongful death matters. disputes, and construction law. He joined the firm in 2001 after practicing in
Christopher T. Carson is an attorney with Kilmer Voorhees & Laurick PC. His northern California for over six years.
practice emphasizes business, insurance and construction litigation, and includes James T. McDermott is a partner at Ball Janik LLP and Chair of the firm’s
representation of insureds, carriers, and both plaintiffs and defendants in litigation department. He has successfully handled cases with particular emphasis
commercial disputes. on construction, professional liability, securities, real estate, and insurance recovery.
Ronald J. Clark, a shareholder with Bullivant Houser Bailey PC, focuses his Emily S. Miller is an attorney with Parsons Farnell & Grein LLP. Her practice in
practice on insurance coverage litigation, and the defense of general tort actions, insurance coverage disputes focuses on recovery for policyholders including health
including product liability claims. His practice emphasizes litigation of claims and disability benefits, liability coverage, employee fidelity bonds, and property
involving construction-related issues. coverage.
Hon. Mark Gardner, founder of Mark Gardner Mediation & Arbitration, has David P. Rossmiller is a partner with Dunn Carney Allen Higgins & Tongue LLP.
mediated and arbitrated over 65 cases with emphasis on personal injury and His insurance practice includes general commercial liability, errors and omissions
construction defect litigation since retiring on March of 2010 from the Circuit and professional liability coverage, directors’ and officers’ liability, construction
Court of Washington County, State of Oregon. defect, business interruption, and others.
Martha Hodgkinson is the principal of Hodgkinson Street LLC. Her practice Seth H. Row, Of Counsel with Parsons Farnell & Grein LLP, focuses on helping
specializes in civil litigation and trial practice, with emphasis in real estate and corporate clients resolve complex business, insurance, and employment disputes.
construction litigation, products liability, developers, design professionals, Primarily, he serves clients in the construction, manufacturing and technology,
contractors, insurance and real estate agents and brokers. and retail sectors.
Scott J. Kaplan is a partner with Stoel Rives LLP, practicing in the areas of Michael J. Scott, a partner with Scott Hookland LLP, has acted as a neutral in over
environmental, insurance, energy, government contracts, and business litigation. 1,150 alternative dispute resolution matters throughout the Northwest, primarily
He also has extensive ADR experience. related to construction contracting, construction defect, insurance, design and real
Hon. Dale R. Koch served as a trial court judge in Multnomah County, Oregon property law issues.
and was the Presiding Judge of the Circuit Court for six years. In June 2009, Peter J. Viteznik is an attorney with Kilmer Voorhees & Laurick PC. His
he established a dispute resolution business and has been working as a mediator, practice emphasizes business, real estate and construction litigation, and includes
arbitrator and reference judge since that time. representation of both plaintiffs and defendants. He has also handled a wide variety
of real estate and construction-related transactions.
onlIne: www.TheSeminarGroup.net emaIl: info@TheSeminarGroup.net
fax: 866-435-3444 Phone: 206-463-4400 / 800-574-4852
Toda maIl: PO Box 523, Vashon, WA 98070
Registration: Please mail or email your registration as soon as possible may qualify for continuing education hours through the American Institute of
since enrollment is limited. You may also register with a credit card via phone, Constructors or the Construction Management Association of America. For
fax or online. Walk-in registrations will be accepted subject to space availability. information or accreditation in other states, please call The Seminar Group
Please call The Seminar Group at (206) 463-4400 or (toll free) (800) 574- at (206) 463-4400 or (800) 574-4852.
4852, or fax to (866) 435-3444, or email: registrar@TheSeminarGroup.net Substitution/Cancellation: You may substitute another person at
Tuition: The tuition fee includes attendance at all sessions, coffee any time. We will refund tuition, less a $50 cancellation charge, if we receive
breaks, and all course materials. Full Tuition: $525 per person; Special your cancellation by Friday, Apr. 1, 2011. No refunds will be given after this
Government rate: $425 per person; New Associate/Paralegal rate: $390 date. For more information regarding administrative policies such as complaint
per person; Contractor, Engineer, Real Estate Appraiser or Insurance and refund, please contact our office at (206) 463-4400.
Professional rate: $297 per person; Student rate: $297 per person. Make Course Materials: Each participant will receive a set of course
checks payable to: The Seminar Group. materials, prepared by the speakers especially for this conference, which will
Save When Two or More Register: Save $25 each off of the be invaluable as a future reference. The course materials alone are available for
Full Tuition fee only when two or more register from the same organization $125 which includes shipping and handling.
at the same time. Multiple discounts do not apply. Homestudy Package: Our complete Homestudy Course, consisting
Course Accreditation: The Seminar Group is an Accredited of a full DVD or Audio CD and the Course Materials, is available for $535. This
Sponsor of the Oregon State Bar, which has approved this course for 7.25 general package is approved by the Oregon State Bar for 6.75 general self-study credits and
CLE credits. This course has been approved by the Washington State Bar for may qualify for self-study credit in other states.
6.75 general CLE credits, by the Oregon Appraiser Certification and Licensure Seminar Location: The seminar will be held at the Embassy Suites,
Board for 8.0 classroom hours, by the Oregon Insurance Division for 8.0 credit 319 SW Pine Street, downtown Portland, Oregon, (503) 279-9000. Please
hours., and by the Supreme Court of Pennsylvania, Pennsylvania Continuing call the hotel for directions/questions. A block of guest rooms at a reduced rate
Legal Education Board for 6.5 substantive credits. Contractors and engineers have been set aside until 3/7/11. Mention “The Seminar Group”.
PO Box 523 • Vashon, WA 98070
18850 103rd Ave. SW, Ste. 123
800-574-4852 • Fax: 866-435-3444
Insurance in the Construction Industry
April 7, 2011 • Embassy Suites • Portland, OR
YES! Please register the following:
City: ___________________ State: ______ Zip: ________________
Phone: _____________________ Fax: _______________________
I cannot attend. Please send me: Course Materials Only
Homestudy: Video DVD & Materials Audio CD & Materials
Conference Fees Payment Method
Single Registration $525 Payment of $ ____________
2 or more (one company) $500
Government Employee $425 Check Purchase Order
New Assoc./Paralegal $390 Or Charge my:
Contractor/Engineer $297 VISA MC AMEX
Real Estate Appraiser $297
Insurance Professional $297 Exp. Date: ______________
Course Materials $125 *Multiple discounts do not apply
Call 800-574-4852 or Register Online at www.TheSeminarGroup.net
Insurance in the
April 7, 2011 ~ Portland, OR
CredItS ral C
e: 7.2 5 gene al CredItS
or Cl : 6.75 gener e CredItS
Wa C 6.5 SubStan dIt hourS
Pa C le: .0 Cre ourS
Ce: 8 oom h
or InSuran r: 8.0 ClaSSr ay Qualify
e S: M
or re CtorS & eng