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.


  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?


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


CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

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

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

*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

How does this work?

Recorded Event

Includes full event recording plus handouts.

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.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $297.00

How does this work?

Recorded Audio Download (MP3) $297.00

How does this work?

DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H

How does this work?


Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

or call 1-800-926-7926

CLE Credits

Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.

or call 1-800-926-7926

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

The webinar offered excellent insight into some specific areas.

Beth Ann R. Lawson

Virginia Beach Law Group

The speakers were tops in their industry.

Peter Danias

Kaye Scholer

I thought that the program materials were simple to follow and the program was straight forward.

Scott Olson

Seyfarth Shaw

or call 1-800-926-7926

Real Estate Law Advisory Board

David A. Barksdale


Ballard Spahr

Jacob Bart


Stroock & Stroock & Lavan

Brian W. Blaesser


Robinson & Cole

Ronald B. Grais


Sugar Felsenthal Grais & Hammer

Ren R. Hayhurst


Bryan Cave

Thomas C. Homburger

Of Counsel

K&L Gates

Susan C. Tarnower


Kilpatrick Townsend & Stockton

Clark T. Thiel


Pillsbury Winthrop Shaw Pittman

or call 1-800-926-7926

Our Guarantee

Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.