Construction Defect Insurance Claims: Policyholder and Insurer Perspectives

Business Risk and Other Exclusions, Triggers, Priority of Coverage, and Contractual Risk Transfer

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


Conducted on Wednesday, October 21, 2020

Recorded event now available

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Program Materials

This CLE webinar will provide construction and insurance counsel with a review of evolving insurance coverage issues and recent key case law developments in construction defects claims. The panel will outline best practices for counsel to parties on either side of a dispute to resolve construction defect coverage disputes.

Description

Much of the case law interpreting commercial general liability (CGL) insurance policies has arisen in the construction context. As evidenced by recent rulings, the area of construction defects coverage continues to evolve rapidly.

Hot issues in construction defect coverage include determination of whether and when there is an occurrence, the number of occurrences, trigger of coverage, the applicability of standard exclusions (particularly the business risk exclusions), and claim priority in overlapping coverage.

Other issues frequently disputed involve risk transfer mechanisms such as additional insured provisions and contractual indemnities. Counsel for both insurers and policyholders must stay on top of this dynamic area of the law to provide guidance to their construction industry-related clients.

Listen as our authoritative panel of insurance attorneys discusses the hottest topics in construction defect insurance coverage and how to unravel coverage disputes in this confusing and complicated area.

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Outline

  1. Definition and number of occurrences
  2. Trigger of coverage
  3. Business risk and other exclusions
  4. Priority of coverage disputes
  5. Contractual risk transfer issues

Benefits

The panel will review these and other key issues:

  • Can a breach of contract or faulty workmanship alone ever give rise to an occurrence?
  • What constitutes property damage caused by an occurrence?
  • What are the standard "business risk" exclusions, and how are these exclusions routinely interpreted?
  • How are questions of primary vs. excess coverage resolved?
  • How are additional insured and certificate of insurance issues resolved?

Faculty

Appelbaum, Rebecca
Rebecca C. Applebaum

Partner
Gartner + Bloom

Frequently helping her clients navigate construction defect, personal and advertising injury cases, Ms. Appelbaum also...  |  Read More

Bobotek, James
James P. Bobotek

Partner
Pillsbury Winthrop Shaw Pittman

Mr. Bobotek guides clients through all phases of development and construction of commercial properties, including...  |  Read More

McGrath, William
William E. (Bill) McGrath, Jr.

Partner
Dilworth Paxson

Mr. McGrath represents clients in complex commercial litigation matters in state and federal courts, focusing on...  |  Read More

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