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
This CLE webinar 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.
- Relevant policy language and policy interpretation principles
- Courts and theories supporting construction defects as occurrences
- 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?
Christopher C. French, Visiting Assistant Professor of Law
Penn State Law School,
University Park, Pa.
Professor French teaches contracts, torts, civil procedure and insurance law. He has written and published extensively in the area of insurance law. He is a former Partner with K&L Gates LLP, where he practiced in the area of commercial litigation, with a focus on insurance coverage disputes.
Carl A. Salisbury, Partner
Bramnick Rodriguez Grabas Arnold & Mangan,
Scotch Plains, N.J.
Mr. Salisbury has more than 20 of years experience in the litigation and trial of complex commercial disputes and complex commercial insurance cases. He has helped corporate policyholders recover for insurance claims involving environmental pollution, workplace discrimination, bodily injuries and property damage, mold contamination, construction defects, and a variety of other commercial disputes.
Britton D. Weimer, Founding Partner
Weimer & Weeding,
Mr. Weimer's practice encompasses a wide range of insurance coverage and insurance defense, including CGL, EPL, D&O and E&O. Mr. Weimer is a nationally-recognized authority in commercial insurance law, and is the principal author of several authoritative books and treatises
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I appreciated the discussion on how case law differs from state to state.
Kaufman Dolowich Voluck & Gonzo
The web conference covered the material in an efficient fashion without a lot of duplication.
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Ashley Ashley & Arnold
The program provided me with some key concerns to watch out for.
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