Neil Mody Presents to American
Bar Association on Recent Developments in Construction
Defect Coverage Legislation and Case Law
Roseland, N.J./March 7, 011
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Neil V. Mody delivered
a series of presentations entitled "Litigating Coverage in
Construction Defect Actions" at the American Bar
Association Tort Trial & Insurance Practice Section
Insurance Coverage Litigation Committee Mid-Year Meeting on
February 24-26 in Phoenix, AZ.
These programs focused on the impact of recent
legislation on various issues typically implicated in
construction defect coverage litigation, including the
recently passed Colorado H.B. 10-1394, the pending South
Carolina H.B. 339 and S.B. 431, and potential efforts in
other states to legislate interpretations of such
critical threshold coverage issues as the "occurrence"
requirement, the coverage trigger, and the duty to
defend, in response to an increasing number of
construction defect claims.
The interactive presentations also
featured vibrant discussions among participants
while considering hypothetical construction
defect coverage claims modeled after actual cases
under various judicial
rulings issued nationwide in recent months.
Mody is a Partner
at Connell Foley and a member of its Insurance
Coverage Practice Group. His legal practice is focused
on litigation, counseling and monitoring on behalf of
domestic and internationally-based insurers with respect to
a broad range of insurance coverage matters dealing
with first-party property
claims, general liability coverage, excess claims,
long-tail claims (such as environmental, asbestos and other
toxic torts), bad faith/extra-contractual claims,
reinsurance matters, professional liability, product
liability and catastrophic loss.
Mody is an active participant
in several insurance coverage law societies, including
the ABA TIPS Insurance
Coverage Litigation Committee. He
regularly writes and presents on emerging developments in
insurance coverage law. He is admitted to practice in
the state and federal courts of New York and New Jersey.
For more information on the insurance
coverage issues and
authorities raised at this seminar, contact Neil Mody
at (973) 535-0500 or
nmody@connellfoley.com.
