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.

Description

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.

Outline

  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

Benefits

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?

Faculty

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, Bloomington, Minn.

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


Recordings

CLE On-Demand - Streaming Video

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On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

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*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00

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Recorded Event

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Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

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Program Materials

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Program Materials

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CLE Credits

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Customer Reviews

I appreciated the discussion on how case law differs from state to state.

Matthew Minero

Kaufman Dolowich Voluck & Gonzo

The web conference covered the material in an efficient fashion without a lot of duplication.

Matthew W. Willis

Ashley Ashley & Arnold

Content was superb.

Patrick Webb

Webb & Carey

The topic covered was very timely, the program was well structured and I appreciated that the speakers addressed very recent issues.

Benjamin Brutlag

CSM

The seminar was very good. I liked that it was fast paced and informative with experienced knowledgeable speakers.

Phillip Brooks

Simmons Perrine Moyer Bergman

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Real Estate Law Advisory Board

David A. Barksdale

Partner

Ballard Spahr

Jacob Bart

Partner

Stroock & Stroock & Lavan

Brian W. Blaesser

Partner

Robinson & Cole

Ronald B. Grais

Of Counsel

Jenner & Block

Ren R. Hayhurst

Partner

Bryan Cave

Thomas C. Homburger

Of Counsel

K&L Gates

Susan C. Tarnower

Counsel

Kilpatrick Townsend & Stockton

Clark T. Thiel

Partner

Jones Day

or call 1-800-926-7926

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