Construction Defect Claims: Navigating the CGL Contractual Exclusion Amid Varying Court Interpretations
Advocating Coverage From Perspectives of Commercial Developers, Design Professionals, Contractors and Insurers
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide counsel to construction companies and developers a historical view of CGL contractual liability exclusion and ISO form changes. The panel will explain the scope and applicability of the exclusion and its exceptions to construction defect claims, its impact on contractual indemnity agreements, and recent case law development for the construction industry.
- Overview of the contractual liability exclusion
- Historical GCL and ISO form changes
- Analysis of recent case law
- Ewing Constr. Co. Inc. v. Amerisure Ins. Co.
- Majority vs. minority views
- Scope of the contractual liability exclusion and exception for liabilities the insured would have in the absence of a contract or agreement
- Impact of the insured contract exception to the exclusion on the use of indemnity agreements in construction contracts
The panel will review these and other key questions:
- How has the contractual liability exclusion evolved over time and various ISO form changes?
- What is the majority view of the scope of the contractual liability exclusion and its impact on defect liabilities for all parties to construction contracts?
- What is the scope of the “insured contract” exception to the contractual liability exclusion and how does this impact the use of indemnity agreements in construction contracts?
David M. Adelstein
The Barthet Firm
Mr. Adelstein is Board Certified in Construction Law by The Florida Bar. He represents general contractors,... | Read More
Mr. Adelstein is Board Certified in Construction Law by The Florida Bar. He represents general contractors, subcontractors, design professionals, developers, associations, suppliers, sureties, and owners in a myriad of construction/design defect claims, schedule-based claims, bid protests, payment disputes, lien and bond claims, liability and property insurance issues, and a host of other issues that affect the construction industry.Close
Jonathan J. Kandel
Freeman Mathis & Gary
Mr. Kandel practices in the areas of commercial and complex litigation and specializes in commercial insurance coverage... | Read More
Mr. Kandel practices in the areas of commercial and complex litigation and specializes in commercial insurance coverage disputes, business disputes, and contract disputes. He regularly represents insurance carriers in complex coverage litigation, including declaratory judgment actions and bad faith claims. His insurance practice also includes advising insurance companies on responding to claims under commercial general liability, directors and officers, employment practices liability, errors and omissions, and excess insurance policies.Close
Douglas P. Skelley
Shidlofsky Law Firm
Mr. Skelley’s practice involves representing and counseling corporate policyholders in the area of insurance... | Read More
Mr. Skelley’s practice involves representing and counseling corporate policyholders in the area of insurance coverage and insurance-related litigation. He handles a wide variety of insurance coverage cases, including those arising from construction defect and product liability claims. In addition, he provides coverage evaluations and guidance in D&O and E&O liability, commercial automobile liability and first-party property insurance claims.Close