Friday, April 27th, 2018

One of our partners, Emily Stock, was part of the team that put together the first COC Property Forum on April 26, 2018.

Emily and each of the team members presented a hypothetical claim, the BIG DIG, and took the audience through the claims process to arrive at a hypothetical coverage and quantification assessment.  Take away points included: developing an understanding of TBM machines and the complexities of the engineering; how causation is relevant to the coverage assessment and why determining a theory of cause is necessary to move the claim forward; the nuisances of LEG and DE wording in the exclusions and “state of the art” as an exception to a design exclusion in a COC policy; and, the critical nature of the interactions between the team members to achieve the goals of finding coverage available, managing expectations of stakeholders and proactively managing the claim.

The team was inspired and lead by the illustrious Yvonne Hird of Envista.  Emily was honoured to “play the role of the coverage lawyer” and collaborate with the following exceptional professionals on the BIG DIG presentation:

  • RSA Group, Ged Brady and David Storey, representing the insurer in the mock scenario;
  • MGB Claims Consultants, Inc., James Giffen, BA, CIP, CFE, CFEI, representing the large loss adjuster who managed the team through the claims process;
  • Envista Forensics, Farhood Nowzartash, M.A.Sc., Ph.D., P.Eng, Technical Lead-Civil/Structural Engineering, representing the causation and property consultant and Doris Marshall, CEC, Construction Claims & Course of Construction Losses, representing the consultant to assess the delay claim; and
  • MDD Forensic Accountants, HJ Ustler, B.Sc., who explained how delay is quantified and the coverages available for DSU and soft costs.

We look forward to doing it again with this amazing team next year!

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