Construction Defect Bad Faith Insurance Claims: Navigating Duty to Defend and Indemnify Denial and Bad Faith Set-Ups

Assessing Faulty Workmanship, Business Risk Exclusions, AI Issues, Failure to Settle Within Limits and Contribution/Indemnity

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

Conducted on Thursday, December 15, 2016
Recorded event now available

Allegations of bad faith claims handling often accompany insurance coverage disputes involving construction defect claims. This CLE webinar will walk attendees through current trends in bad faith claims arising out of such disputes, including defense/settlement and other claims handling issues. The program will discuss extra-contractual theories of liability that have been accepted and rejected by courts and will provide perspectives of both policyholders and insurers.


Uncertainty regarding policyholders’ and insurers’ respective rights and obligations creates the potential for construction defect-related bad faith claims against insurers. For example, an insurer’s failure to settle a claim within policy limits, thereby exposing the policyholder to personal liability, is fertile ground for a bad faith claim.

From the insurer’s perspective, “fairly debatable” issues regarding coverage for construction defect claims provide the argument that a bona fide coverage dispute existed, and that the insurer had a good faith basis to contest coverage.

Listen as our authoritative panel of insurance coverage counsel discusses trends in bad faith claims in the context of construction defect coverage disputes and claims handling.


  1. Trends in bad faith litigation in the realm of construction defect claims
  2. Denial of defense/indemnity risks
    1. Duty to defend denial
      1. Faulty workmanship as an “occurrence”
      2. Business risk exclusions
      3. Additional insured issues
    2. Duty to indemnify denial
      1. Failure to settle within limits
      2. Contribution/indemnity from other insurers
  3. Claims handling risks
  4. Bad faith “set-ups” in claims handling and dispute resolution


The panel will review these and other key issues:

  • Trends in bad faith litigation in the realm of construction defect claims
  • Most common grounds for bad faith claims emanating from defect coverage disputes
  • Areas of bad faith liability risks for insurers in handling construction defect claims


James P. Bobotek, Partner
Pillsbury Winthrop Shaw Pittman, Washington, D.C.

Mr. Bobotek concentrates his practice on a variety of insurance coverage, risk management and risk allocation issues, with an emphasis on those arising in the construction industry. He counsels clients in formulating risk management strategies, developing contractual insurance requirements, and analysis and resolution of insurance coverage claims and disputes.

John C. Bonnie, Partner
Weinberg Wheeler Hudgins Gunn & Dial, Atlanta

Mr. Bonnie leads the firm's Insurance Coverage Practice Group. This national practice is devoted exclusively to complex commercial disputes, arbitration and litigation, particularly matters addressing obligations arising out of insurance contracts, written agreements to indemnify, and other means of shifting and allocating risk.


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David A. Barksdale


Ballard Spahr

Jacob Bart


Stroock & Stroock & Lavan

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Robinson & Cole

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Sugar Felsenthal Grais & Hammer

Ren R. Hayhurst


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