Message from the CEO

IRMI Conference Wrap-Up
Construction Risk Conference November 8-12

November was an exciting month as the New Day team participated in the IRMI 35th Construction Risk Conference. This year, New Day was represented by Jeff Lejfer, Jeff Slivka, Tim Farrell and Joe Nawa at the beautiful Caesar's Palace in Las Vegas. Throughout the week, our team enjoyed many constructive meetings with brokers and carriers. Jeff Slivka's presentation providing a Contractors Professional and Pollution Liability Market Update was a huge success. Thanks to all of those who attended. Some common themes throughout the conference included:

Increasing numbers of claims in the construction professional line of business
New capacity being added with several new carriers in attendance at IRMI 2015
Construction still appears robust for the foreseeable future

We look forward to seeing you next year in Orlando.

Jeff Slivka Promoted

President

New Day recently announced the promotion of Jeff Slivka to president, while Jeff Lejfer will retain his position as the company's CEO.

One of New Day's founding partners, Jeff helped launch New Day in 2005 and has had a significant contribution to the company's success over the past 10 years. Read more to learn about Jeff's contributions and his new role as president.

Contractor's Pollution Liability Coverage: A New Trend

Jeff Slivka's article recently published in Construction Executive

Contractor's Pollution Liability - what is it and why is it important for contractors? Environmental exposures exist all around us and contractors may be liable for pollution conditions that arise as a result of their work. In his article titled, "Contractor's Pollution Liability Coverage: A New Trend," Jeff Slivka discusses some of the trends surrounding this type of insurance as well as the importance this coverage can have in potentially saving a contractor thousands or even millions of dollars should a claim arise. Learn more about Contractor's Pollution Liability in Jeff's article and contact your New Day consultant at 609.298.3516 for more information.

Product Highlight - Environmental Casualty for Real Estate

Many markets now provide Environmental Casualty coverage. The combination offering of general liability, pollution, automobile and umbrella liability continues to grow. As the market expands, new customers are taking advantage of this innovative way to cover their exposures. Two key exposures that these polices are meant to cover for bodily injury, property damage and clean up related to pollution events are:

Your process/facility
Your product

Consider physical damage to soil, the atmosphere, any watercourse or body of water caused by any pollution incident and giving rise to clean-up cost. With regard to products, does your product have the ability to create a pollution incident? While products such as tanks and pressure vessel are obvious, there are other products such as food additives, construction related products, rubber goods, aerosol containers etc. that all should be considered. New Day's Environmental Casualty Product Profile details the coverage application, program highlights and more.

As your knowledgeable, professional and responsive partner, we help you navigate this complex marketplace. We invite you to read the attached Product Profile and call on New Day to assist you and your insureds. As you review your upcoming new and renewal business, take advantage of New Day's capabilities to provide alternatives for your insureds. The team at New Day provides an effective, economic and efficient resource to finding optimal Environmental Casualty solutions for your clients.

Holiday Giving and Celebrations

It's been a busy holiday season for the New Day team. Once again our team adopted two families for the holidays. We pulled together our resources and provided gifts so that these families in need could enjoy the holiday.

Our employees enjoyed an offsite, holiday party that included great food, drink and even a comedian/ ventriloquist. A great time and a lot of laughs were had by all. Our annual office pot luck lunch and Pollyanna offered a time for employees to take time out of their busy workday to enjoy each others company and exchange gifts.

From our New Day family to your family, Happy Holidays!

Employee Spotlight

Mitch Cohen

Mitch Cohen is Vice President in New Day's Real Estate and Construction Groups. Meet and get to know Mitch as we sit down for a Q&A session.

Read here for a Q&A with Mitch.

Customer Satisfaction Survey Winners

Congratulations to Dennis Tsonis and Bill Kable

Congratulations to Dennis Tsonis of Lovitt & Touche and Bill Kable of RCM&D. They were the lucky winners of an Apple Watch as a result of participating in New Day's Customer Satisfaction Survey. The New Day team thanks everyone who took part in the survey. Your responses help us to continuously improve in all that we do.

Risk Tip

Vapor Intrusion

New and potentially costly concerns come to the surface for redevelopment and property transactions.

Long time in the making, EPA released its final vapor intrusion guidance document in June 2015. Vapor intrusion is the migration of hazardous vapor from contaminated soil or groundwater into the indoor air of an overlying structure. It can be harmful to human health, negatively impact property value and increase environmental liabilities. This is relevant to site redevelopment and/or transaction of formerly contaminated properties where an insured property overlays the source of contamination.

While not binding, EPA's guidance may translate to higher remediation costs and risk with respect to any real estate transaction. It could also increase liabilities as the guidance may serve to establish a standard of care with respect to potential vapor litigation.

While penalization may not come in the form of civil action, fine or penalty, it may come in the form of a government re-opener where a Potentially Responsible Party (PRP) will be hit with unexpected costs for issues they believed to be resolved. As carriers are seeing (and paying) increased PLL claims from re-openers, trends indicate these types of risks will now be heavily underwritten or even excluded thereby increasing a PRP's out of pocket exposure with respect to vapor remediation.

To ensure you provide your client with the optimal insurance solution, take the time to partner with a broker or intermediary that has the knowledge and resources to place the best coverage possible to meet your client's needs and interests.

New Day Successes
Recent Placements

Risk Type	Product Type	Premium
Construction
Residential General Contractor (Apartments)	Contractors Professional Liability/ Contractors Pollution Liability	$100,000
Steel Erection Contractor	Contractors Professional Liability/ Contractors Pollution Liability	$30,000
Condo Wrap Up	Owner's Controlled Insurance Program (OCIP) Contractors Pollution Liability	$80,000
Design/Build Commercial Contractor	Contractors Professional Liability/ Contractors Pollution Liability	$30,394
Telecommunications Contractor	Contractors Professional Liability/ Contractors Pollution Liability	$14,295
General Contractor/Construction Manager	Contractors professional protective indemnity/pollution	$190,000
Construction Manager	Contractors professional protective indemnity/pollution	$350,000
General Contractor	Contractors professional protective indemnity/pollution	$99,000
General Contractor/Design-Builder	Contractors professional protective indemnity/pollution	$90,000
Curtail Wall Contractor	Contractors professional protective indemnity/pollution	$35,000
General Contractor/Construction Manager	Contractors Professional Liability/ Contractors Pollution Liability	$67,000
General Contractor	Contractors professional protective indemnity/pollution	$195,000
General Contractor/Design-Builder - Infrastructure/Utilities	Contractors Professional Liability/ Contractors Pollution Liability	$48,926
Directional Drilling Design/Contracting	Contractors Professional Liability/ Contractors Pollution Liability	$48,315
Carpentry, Concrete Foundations, Light Demo	Contractors Professional Liability/ Contractors Pollution Liability	$18,496
HVAC Contractor	Contractors professional protective indemnity/pollution	$35,000
Demolition Construction Contractor	Contractors Professional Liability/ Contractors Pollution Liability	$22,500
Major Project General Contractor	Contractors professional protective indemnity/pollution	$175,000
Interior Renovation/Build-Out General Contractor	Contractors professional protective indemnity/pollution	$15,500
Real Estate
Manufacturer of waxes, polishes, degreasers and solvents used in auto industry	General Liability/Pollution Legal Liability	$180,000
Manufacturer of waxes, polishes, degreasers and solvents used in auto industry	General Liability/Pollution Legal Liability	$100,000
Petroleum Distributor	Pollution Legal Liability	$600,000
Chemical Manufacturer/Distributor	General Liability/Pollution Legal Liability	$400,000
Commercial Property Transaction	Pollution Legal Liability	$100,000

2465 Kuser Road

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Suite 202

Hamilton, NJ 08690

609.298.3516

info@newdayunderwriting.com

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