Construction Property Damage Claims: CGL Exclusions K, L and M, and Products-Completed Operations Coverage

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


Conducted on Wednesday, November 8, 2017

Recorded event now available

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Program Materials

This CLE webinar will discuss the scope of the CGL exclusions for property damage in the context of construction claims, the applicability of products-completed operations hazard coverage, how the exclusion has been applied by courts, and best practices for formulating arguments for or against coverage for these claims.

Description

Property damage claims arising in construction cases present complex coverage issues. Courts are routinely called upon to decide whether claims arising from faulty construction and workmanship are covered or excluded from coverage by the CGL policy. In some cases courts hold that such claims do not constitute an occurrence.

Some courts rely on exclusions in a CGL policy, primarily exclusion K, damage to the insured’s product; exclusion L, damage to the insured’s work; and exclusion M, damage to impaired property or property not physically injured.

Also often at issue is whether products-completed operations coverage covers bodily injury and property damage arising out of the insured’s products and work. Whether the work was done by the insured or a subcontractor is a factor in determining whether property damage is covered or excluded.

Listen as our authoritative panel of construction practitioners analyzes the CGL exclusions for property damage in construction cases, the applicability of products-completed operations hazard coverage, factors courts consider in determining whether property damage is covered, and formulating arguments for or against coverage for these claims.

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Outline

  1. Property damage in general
    1. CGL grant of coverage and definitions
    2. The requirement of an occurrence
  2. Exclusion K
    1. Damage to the insured’s product
    2. Applicability to construction cases
  3. Exclusion L
    1. Damage to the insured’s work
    2. Products-completed operations hazard
  4. Exclusion M, damage to impaired property
  5. Work of subcontractors and exclusion CG 22 94

Benefits

The panel will review these and other key issues:

  • Factors the courts consider in determining whether property damage is covered
  • Exclusions K, L and M in a CGL policy and what those exclusions encompass
  • The applicability of products-completed operations hazard coverage
  • Impact on coverage if faulty work is caused by a subcontractor

Faculty

Adelstein-David
David M. Adelstein

Partner
Kirwin Norris

Mr. Adelstein represents general contractors, subcontractors, design professionals, developers, associations,...  |  Read More

Devereux, Matthew
Matthew J. Devereux

Partner
Tressler

Mr. Devereux represents individuals and corporations in insurance coverage, tort and commercial litigation. He is...  |  Read More

Sorenson, Kristine M.
Kristine M. Sorenson

Partner
Walker Wilcox Matousek

Ms. Sorenson focuses her practice on insurance coverage analysis and litigation. Her litigation experience includes...  |  Read More

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