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Construction Defect Indemnity Obligations Under CGL Policies: Identifying Covered vs. Non-Covered Damages

Leveraging Insurance Coverage Arguments for Contractors, Subcontractors, and Insurers

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, January 30, 2024

Recorded event now available

or call 1-800-926-7926

This CLE course will discuss an insurer's indemnity obligations in construction defect claims and how to distinguish between covered and non-covered damages. The program will review the issues from the perspective of both the insurer and the general contractor or subcontractor.

Description

Coverage for a construction defect claim requires a determination that there has been property damage within the meaning of the policy. Without an allegation of property damage within the meaning of the policy, the insurer has no duty to defend.

Even if the allegations create a duty to defend, coverage counsel must determine whether the actual damages are the result of property damage within the meaning of the policy and whether the damages arise from an occurrence.

Jurisdictions vary on whether defective work can ever constitute "property damage" within the meaning of the policy. Likewise, there is a split in judicial opinion on whether defective construction can ever constitute an "occurrence."

Listen as our authoritative panel of construction insurance practitioners analyzes the insurer's duty to indemnify in construction defect claims and provides a methodology for distinguishing between covered and non-covered damages. The program will discuss the issues from the perspective of the insurer as well as the general contractor or subcontractor.

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Outline

  1. Analysis of policy language defining "property damage"
  2. Determining whether the damages are a result of an "occurrence"
  3. Specific damages
    1. Defective workmanship
    2. Economic damages
    3. Diminution in value
    4. Damages caused by repair and/or replacement
  4. Most recent case law developments

Benefits

The panel will review these and other key issues:

  • Factors the courts consider in determining whether property damage falls within the meaning of the policy
  • Court rulings on whether defective work can ever be property damage
  • Court rulings on whether defective construction can ever constitute an "occurrence"
  • Whether damages sought constitute "economic" damages

Faculty

Adelstein-David
David M. Adelstein
Partner
Kirwin Norris

Mr. Adelstein represents general contractors, subcontractors, design professionals, developers, associations,...  |  Read More

Winslow-Nason, Brendan
Brendan Winslow-Nason
Partner
Gordon Tilden Thomas & Cordell

Mr. Winslow-Nason focuses his legal practice in the areas of construction law and...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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