Construction Defect Claims: Occurrences, Coverage Triggers and Exclusions Under CGL Policies
Navigating Divergent Court Views to Maximize Coverage or Limit Liability
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide insights to counsel for contractors and insurers on the legal theories of construction defects constituting “occurrences”. The panel will discuss the distinction between the approaches taken by courts, whether specific factual allegations are required to trigger the duty to defend, whether construction defects are single or multiple occurrences, and outline best practices to evaluate construction defect coverage under CGL policies.
- What is an occurrence in construction defect disputes
- Courts and theories supporting construction defects as occurrences
- Courts and theories supporting construction defects are not occurrences
- Policy exclusions
The panel will review these and other key issues:
- What theories and policy interpretations are advanced by courts that find construction defects covered under CGL policies?
- What theories and policy interpretations are advanced by courts that reject coverage for construction defects under CGL policies?
- When construction defect claims are covered, what approaches have courts taken to determine whether a defect constitutes single or multiple occurrences?
Christopher C. French
Professor of Practice
Penn State Law School
Professor French teaches contracts, torts, civil procedure and insurance law. He has written and published extensively... | Read More
Professor French teaches contracts, torts, civil procedure and insurance law. He has written and published extensively in the area of insurance law. He is a former Partner with K&L Gates LLP, where he practiced in the area of commercial litigation, with a focus on insurance coverage disputes.Close
Carl A. Salisbury
Bramnick Rodriguez Grabas Arnold & Mangan
Mr. Salisbury has more than 20 of years experience in the litigation and trial of complex commercial disputes and... | Read More
Mr. Salisbury has more than 20 of years experience in the litigation and trial of complex commercial disputes and complex commercial insurance cases. He has helped corporate policyholders recover for insurance claims involving environmental pollution, workplace discrimination, bodily injuries and property damage, mold contamination, construction defects, and a variety of other commercial disputes.Close
Britton D. Weimer
Jones Satre & Weimer
Mr. Weimer co-chairs the firm’s Insurance Practice Group and the Employment Practice Group. His practice... | Read More
Mr. Weimer co-chairs the firm’s Insurance Practice Group and the Employment Practice Group. His practice encompasses a wide range of insurance coverage, insurance defense, and commercial litigation, including EPL, CGL, D&O, insurance and real estate E&O, among other practice areas. Mr. Weimer is a nationally-recognized authority in insurance law and has written and co-authored several authoritative books and treatises.Close