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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 video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, November 22, 2022

Recorded event now available

or call 1-800-926-7926

This CLE course 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.


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

Hot issues in construction defect coverage include determining 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 guide 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.



  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


The panel will review these and other key issues:

  • Can a breach of contract or faulty workmanship 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?


Bobotek, James
James P. (Jamie) Bobotek

Pillsbury Winthrop Shaw Pittman

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

Maza, Jorge
Jorge A. Maza

Hinshaw & Culbertson

Mr. Maza exclusively represents insurers in insurance coverage, bad faith, and commercial litigation matters. He...  |  Read More

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