site stats

Firm News

Kenneth Bloom to Speak at the 2016 CLM National Construction Claims Conference in San Diego CA

 Permalink
Gartner + Bloom is proud to announce that managing partner Kenneth Bloom will be speaking at the 2016 CLM National Construction Claims Conference.  The conference will be held in the Manchester Grand Hyatt in San Diego, California, September 28-30.
This September, the Claims and Litigation Management Alliance (CLM) will hold the most comprehensive construction claims conference ever. In addition to addressing construction defect claims, conference sessions will also address facets of construction-related claims including construction site accidents/injuries, coverage issues, subcontractor issues, and new technologies. Sessions also will address issues on the national, regional, and state levels.

About Ken: Ken Bloom is a founding partner of Gartner + Bloom, PC., an AV rated law firm in existence for twenty-two years and with offices in New York City and Springfield New Jersey. Ken is a skilled trial attorney, who concentrates his practice in the areas of Casualty/Liability Defense; Insurance Coverage; New York Labor Law (Scaffold Law); Construction Litigation including construction defect, EIFS, apparent microbial growth (AMG), asbestos and lead paint matters, as well as Insurance Fraud Defense and Commercial Litigation. Ken was admitted to the bar in the District of Columbia in 1981; New York 1982; Pennsylvania 1990; the U.S. District Court, Eastern and Southern District of New York in 1983; U.S. District Court, Northern District of New York in 1990; U.S. Supreme Court in 1985; U.S. District Court, Eastern District of Michigan in 1988; and the U.S. Court of Appeals, Second Circuit 1990.  He is a graduate of Cornell University (B.S., 1978), where he serves as a guest lecturer for the course, “Managing and Resolving Conflict.” He obtained his J.D. from American University in 1981.  

Prior to founding Gartner + Bloom, Ken was an Assistant District Attorney, Kings County, New York, 1981-1982; Senior Staff Attorney, New York City Mayor's Strike Force, 1982-1983; Partner, O'Donnell, Fox & Gartner, P.C., New York City, 1983-1990; Resident Senior Partner Cozen and O'Connor, New York City, 1991-1994.Ken is a member of the New York State Former District Attorneys Association, Brooklyn, New York; Pennsylvania and American Bar Associations- member of the Tort and Insurance Practice Section and Alternate Dispute Resolution Section; Co- chair of the Construction Committee of the ABA Section on Dispute Resolution (2004-2005); District of Columbia Bar and the New York County Lawyers Association. He is a frequent lecturer on construction and coverage related topics, as well as ADR.

 Comments

Pre-Loss Risk Management Meetings with Insureds, by Arthur Xanthos

 Permalink
Liability insurance carriers have several methods of managing the risk posed by their insureds' operations. One little used but very effective technique is the pre-loss risk management meeting between the insured and the carrier, or between the insured and an attorney hired by the carrier.

 In the case of a general contractor ("GC")insured, the procedure runs generally as follows: a GC that intends to develop land purchases a general liability insurance policy from an insurance carrier. As part of the insurance binder, the GC is obligated to meet with an attorney to review the subcontract agreements used by the GC, and to review the safety of its operations. (The carrier if it wishes can charge the GC a sum in addition to the premium to cover the cost of the meeting.) The meeting is then held between the attorney and the GC, during which subcontracts and insurance certificates are reviewed, and safety measures on the construction site are looked at (particularly those that might trigger New York State Labor Law liability). The attorney then makes suggestions to improve the GC's paperwork and its safety measures.

Rather than rewriting the insured's subcontracts entirely (an expensive, and likely vain pursuit), the attorney will want to leverage the time spent by focusing on three areas during the meeting with the insured: (1) the quality of the indemnity language in the insured's subcontracts; (2) the accuracy and proper wording of any insurance certificates from the subcontractors; and (3) the responsibility for safety on the construction site. It is these three areas that will pay the most dividends in the event of a loss.

In our experience conducting risk management meetings, not more than half of the contractor insureds we meet have both a valid indemnification provision in their favor, and a properly drafted insurance certificate from their subcontractors. Following a well run risk management meeting, however, the insured's subcontracts will have a valid and unambiguous indemnification clause running in favor of the insured, the insured's subcontractors will have made the insured an additional insured on the subcontractor's liability insurance policy, the insured will have received a tutorial on the strict safety rules applicable to owners and contractors on a construction site, and the carrier's adjustment of a future claim will be a matter of passing the defense and indemnity of the insured to the subcontractor and its insurance carrier.

So a proper risk management meeting will benefit both carrier and insured. For these reasons, all general liability insurance carriers should consider utilizing risk management meetings. Four points, however, should be kept in mind: (1) the insured is not always receptive to such meetings, even if the insurance binder requires it. Consequently, you will find that the meeting often takes place long after the insured starts work on the site; (2) you are counting on the insured taking the advice of the attorney. There is little recourse, however, if the insured does not do so (other than perhaps a non-renewal of the policy); (3) it is not a requirement that an attorney conduct these meetings -- an experienced adjuster can be just as effective; and (4) the average time to prepare for and conduct the meeting is six hours. The amount charged to the insured, if any, should reflect that anticipated cost.

                                                                                                          -APX 2/14/14
 Comments

Categories

 241(6)
 acquisitions
 adjusters
 ADR
 Alexander D. Fisher
 Alex Fisher
 Alissa Mendys
 alternative dispute resolution
 Anne Armstrong
 Appellate Division
 arbitration
 Arthur Xanthos
 attorneys
 attorneys fees
 audit
 automatic orders
 autonomous vehicle
 BCL 624
 board of directors
 bodily injury
 Bronx
 Brown v. Blennerhasset
 buildings
 business law
 business litigation
 carriers
 causation
 charity
 choice of law
 Christine Messina
 claims professionals
 closely held corporation
 co-op and condo
 co-ops and condo
 condominiums
 construction defect
 construction law
 contract drafting
 contract law
 contracts
 cooling tower
 Cornell v. 360 W. 51st Realty
 corporate mismanagement
 corporate records
 corporate veil
 corporations
 Court of Appeals
 crane collapse
 damages
 discovery
 dismissal
 divorce
 drafting
 due diligence
 equitable distribution
 Estates
 excessive
 expert preclusion
 Flintlock
 Fraser
 Frye
 Gartner + Bloom
 general contractors
 general partnerships
 GP
 Hudson Pointe Condominium Association
 HVAC
 indemnification
 indemnity
 indemnity provision
 inspection
 insurance
 insurers
 Jacqueline A. Muttick
 Jeff Miragliotta
 Jeffrey Johnson
 Joseph Rapice
 jury award
 Ken Bloom
 labor law
 ladder
 landlord
 lawsuit
 lawyers
 lease
 legal fees
 legionella
 legionnaires disease
 liability
 life insurance
 limited liability companies
 limited liability company
 limited liability partnerships
 limited partnerships
 litigation
 LLP
 LP
 Malouf v. Equinox Holdings
 Marc Shortino
 Medieval Festival
 Michael E. Kar
 Michael Kar
 mold
 mold litigation
 Motion Practice
 negligence
 New Jersey
 New Jersey Supreme Court
 noise complaints
 O'Brien v. Port Authority
 operating agreement
 partnerships
 personal injury
 preclusion
 premises liability
 proprietary lease
 punitive damages
 real estate
 risk management
 risk management meetings
 Roy Anderson
 sanctions
 Savel
 secondhand smoke
 Sessa v. Sessa
 shareholders
 shareholders agreement
 slip and fall
 spoliation
 statute of limitations
 statute of repose
 Stuart Gartner
 summary judgment
 SuperLawyers
 Susan Mahon
 tax partnership representative
 tenant
 tenants
 Theodoli
 The Palisades at Fort Lee Conndominium
 toxic tort
 Trusts
 Vera Tsai
 warranty of habitability
 Washington Heights
 water tower
 WHIDC
 Wills
 winter wishes

Archives

New York
801 Second Avenue,
11th Floor
New York, NY 10017
Phone: (212) 759-5800

New Jersey
110 South Jefferson Road,
Suite 300
Whippany, NJ 07981
Phone: (973) 921-0300

Follow Us