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Insurance in the Construction Industry

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					                                         Insurance in the
                                          Construction
    Accreditation
        Oregon CLE:
                                            Industry
     7.25 General Credits                        April 7, 2011      Embassy Suites       Portland, OR
     Washington CLE:
     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.
          May qualify
                                       Please join Program Chair Michael E. Farnell of Parsons Farnell &
                                       Grein LLP, along with the rest of our outstanding faculty, as they cover
                                       these topics:
                                          • 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
   Attorneys/Legal Staff
    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
   Planners
   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
    regISter
                            4
                                                                                                 InSIde
                            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
                                                                           2:24 Break
                                              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.)
          Defense Costs
                                                                                                             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
                                                                                                      st!
                                                                                          rom The Be
          Stipulated Judgments; Covenants Not to Execute;
          Northwest Pump; Stubblefield; Terrain Tamers;
                                                                                  Learn F         ay!
                                                                                       ign Up Tod
          ORS 31.825
 Jay Beattie                      Christopher T. Carson
 Lindsay Hart Neil & Weigler LLP Kilmer Voorhees & Laurick PC
                                                                                     S
                                             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.


           er
      egist !
                                        onlIne: www.TheSeminarGroup.net     emaIl: info@TheSeminarGroup.net
    R      y
                                        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
                                                                                                                      11.INSOR
                                                    800-574-4852 • Fax: 866-435-3444
                                                        info@TheSeminarGroup.net

                                     Insurance in the Construction Industry
           April 7, 2011 • Embassy Suites • Portland, OR
YES! Please register the following:
Name: ________________________________________________
Firm: _________________________________________________
Address: _______________________________________________
City: ___________________ State: ______ Zip: ________________
Phone: _____________________ Fax: _______________________
Email: ________________________________________________
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: ______________
 Student                                                $297
 Course Materials                                       $125   *Multiple discounts do not apply
 Homestudy                                              $535
Card No:
Signature:
Call 800-574-4852 or Register Online at www.TheSeminarGroup.net




                                                     Insurance in the
   April 7, 2011 ~ Portland, OR




                                                     Construction
                                  Embassy Suites




                                                        Industry
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