Occurrences in Construction Defects Claims: Triggering Coverage and Interpreting 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 Thursday, February 23, 2017

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will provide insights to insurance counsel to policyholders and insurers on the legal theories of construction defects constituting “occurrences.” The panel will outline best practices to evaluate construction defect coverage under CGL policies.


Whether construction defects constitute occurrences under CGL policies is a hotly contested issue with varying viewpoints among state courts. Some courts tend to look at the policy exclusions to determine if construction defects are specifically excluded (usually favorable to policyholders).

Other courts hold that construction defects are not occurrences because they are not accidents (usually favorable to insurers). In response to such rulings, several states have recently passed legislation to protect coverage under CGL policies for construction defects.

Listen as our authoritative panel of 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.



  1. Relevant policy language and policy interpretation principles
  2. Courts and theories supporting construction defects as occurrences
  3. Courts and theories supporting construction defects are not occurrences


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?
  • What approaches have state legislatures taken to address the issue of construction defect coverage under CGL policies?


French, Christopher
Christopher C. French

Professor of Practice
Penn State Law School

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

Salisbury, Carl
Carl A. Salisbury

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

Weimer, Britton
Britton D. Weimer

Founding Partner
Weimer & Weeding

Mr. Weimer is a seasoned commercial attorney, with more than 29 years of litigation experience. His practice...  |  Read More

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