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

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 Wednesday, December 14, 2022

Recorded event now available

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This CLE course will discuss the scope of the CGL exclusions for property damage in construction claims and the applicability of products-completed operations hazard coverage. The panel will review how the courts apply the exclusion and best practices for formulating arguments for or against coverage for these claims, emphasizing various state approaches.

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. Some states have held in cases that such claims do not constitute an occurrence.

Court and state approaches vary. Some rely on exclusions in a CGL policy, primarily exclusion K, damage to the insured's product; others on exclusion L, damage to the insured's work; and others on exclusion M, damage to impaired property or property not physically injured.

Also often at issue is whether products-completed operations coverage includes bodily injury and property damage arising from 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. The panel will examine these issues, focusing on claims brought in Florida, Illinois, and California and how the claims in those states may relate to nationwide enforcement of policies.

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 high priority 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 a subcontractor causes faulty work

Faculty

Closson, Robert
Robert V. Closson
Shareholder
Hirsch Closson

Mr. Closson joined the Firm in 2008 and continues to concentrate his practice in insurance coverage litigation,...  |  Read More

Salisbury, Carl
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

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

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