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


Conducted on Tuesday, April 26, 2016

Recorded event now available

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Program Materials

This CLE webinar 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.

Description

Whether construction defects constitute occurrences under CGL policies is a hotly contested issue with varying viewpoints among state courts. Understanding what constitutes, and the timing of, an “occurrence” under a CGL policy is the key to coverage.

Some courts examine whether the defect itself was foreseeable (favorable to insurers). Other courts examine whether the resulting damage was expected or intended (favorable to policyholders). Counsel for contractors must understand the facts and pleadings needed to trigger an occurrence under these two standards.

Listen as our authoritative panel of construction insurance practitioners discusses the issue of occurrences in the realm of construction defects claims and best practices for evaluating and arguing coverage under CGL policies.

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Outline

  1. What is an occurrence in construction defect disputes
  2. Courts and theories supporting construction defects as occurrences
  3. Courts and theories supporting construction defects are not occurrences
  4. Policy exclusions

Benefits

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?

Faculty

French, Christopher
Christopher C. French

Visiting Assistant Professor of Law
Penn State Law School

Professor French teaches contracts, torts, civil procedure and insurance law. He has written and published extensively...  |  Read More

Carl A. Salisbury
Carl A. Salisbury

Partner
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

Britton D. Weimer
Britton D. Weimer

Partner
Jones Satre & Weimer

Mr. Weimer co-chairs the firm’s Insurance Practice Group and the Employment Practice Group. His practice...  |  Read More

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