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A step away from the theoretical, this session will present multiple real-life situations for discussion and (lively) debate as to what actions, or inactions, would be most beneficial to the association prior to, and in the face of, litigation. We will discuss at least one general liability/property damage claim involving multiple unit owners and insurers as well as at least one collection/assessments dispute.
Special Note: This program is a recorded education session from the 2014 CAI Law Seminar, brought to you by the College of Community Association Lawyers (CCAL).
Duration: 90 minutes
Program Description
A step away from the theoretical, this session will present multiple real-life situations for discussion and (lively) debate as to what actions, or inactions, would be most beneficial to the association prior to, and in the face of, litigation. We will discuss at least one general liability/property damage claim involving multiple unit owners and insurers as well as at least one collection/assessments dispute.
Members of the panel will assume certain roles in connection with the disputes to present what are often conflicting views of the issues. The discussion will include what steps the association should be taking before a claim to guard against litigation and/or best posture the association to respond to litigation. We will also discuss certain motion practice, discovery issues, and, when faced with litigation, how is a settlement to be discussed and/or funded as between the association and the insurer. We will also discuss when, where and how insurance is involved in these disputes. This will include the Association’s insurance, as well as unit owners’ policies and third party contractual indemnity issues that may arise in handling such matters. The session will also include discussion between insurance defense counsel, claims professionals and audience participation as to the role of association counsel when insurance counsel is assigned and the necessary (and beneficial) interactions between them.
Speakers
Jennifer L. Wojciechowski is a Senior Claims Technical Specialist - Casualty at Community Association Underwriters of America, Inc. Ms. Wojciechowski conducts insurance coverage analyses and manages claims and litigation in connection with Directors & Officers Liability and General Liability insurance coverage. Prior to joining CAU, Ms. Wojciechowski was an attorney with the Philadelphia law firm of White & Williams where she was a member of the Commercial Litigation Department and, specifically, the Business Insurance and Bad Faith Litigation Practice Group. She is a graduate of Villanova University School of Law and a Fellow of the Academy of Advocacy of the Temple University, Beasley School of Law.
E. Richard Kennedy, Esq. specializes in complex civil litigation and mediation including construction defect and director and officer liability litigation. He is a Certified Civil Trial Attorney by the New Jersey Supreme Court and a Fellow of the American College of Civil Trial Mediators. One of his areas of concentration in construction law is representing condominium associations and planned unit developments. He has represented these Associations in all aspects as general counsel and transition attorney since 1975 throughout the state of New Jersey.
Gregg A. Vaughan is a Sr. Claims Technical Specialist-Casualty at Community Association Underwriters of America, Inc. Mr. Vaughan conducts insurance coverage analyses and manages claims and litigation in connection with Directors and Officers Liability and General Liability insurance coverage. Prior to joining CAU in 2006, Mr. Vaughan has worked for Chubb Insurance Group and Travelers in various claims positions and has over 25 years of claims experience. He is a graduate of the University of Virginia and holds a B.A in Sociology.
Continuing Education Credit
This program provides 1.5 credits toward:
- Certified Manager of Community Associations recertification
- Association Management Specialist redesignation
- Professional Community Association Manager redesignation
To earn credit, you must be personally registered for this program and print the certificate of completion to document your participation
Manager Certifications and
Designations
Certified Manager of Community Associations
(CMCA®) /Association Management Specialist
(AMS®) /Professional Community Association Manager
(PCAM®) /Large-Scale Manager
(LMS®)
Management Company Designation
Accredited Association Management Company
(AAMC®)
Service Provider Designations and
Distinctions
Reserve Specialist
(RS®)/Community Insurance and Risk Management
Specialist (CIRMS®)/Educated Business
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