BarbriSFCourseDetails
  • videocam On-Demand
  • signal_cellular_alt Intermediate
  • card_travel Real Property - Transactions
  • schedule 90 minutes

Construction Defect Indemnity Obligations Under CGL Policies: Identifying Covered vs. Non-Covered Damages

Leveraging Insurance Coverage Arguments for Contractors, Subcontractors, and Insurers

$297.00

This course is $0 with these passes:

CLE
ALL
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Description

Coverage for a construction defect claim requires a determination that there has been property damage within the meaning of the policy. Without an allegation of property damage within the meaning of the policy, the insurer has no duty to defend.

Even if the allegations create a duty to defend, coverage counsel must determine whether the actual damages are the result of property damage within the meaning of the policy and whether the damages arise from an occurrence.

Jurisdictions vary on whether defective work can ever constitute "property damage" within the meaning of the policy. Likewise, there is a split in judicial opinion on whether defective construction can ever constitute an "occurrence."

Listen as our authoritative panel of construction insurance practitioners analyzes the insurer's duty to indemnify in construction defect claims and provides a methodology for distinguishing between covered and non-covered damages. The program will discuss the issues from the perspective of the insurer as well as the general contractor or subcontractor.

Presented By

David M. Adelstein
Partner
Kirwin Norris

Mr. Adelstein represents general contractors, subcontractors, design professionals, developers, associations, suppliers, sureties, and owners in a myriad of construction matters including, without limitation, construction/design defect claims, schedule-based claims (including inefficiency, lost productivity, and acceleration claims), bid protests, payment disputes, lien and bond claims, liability and property insurance issues, and a host of other issues that affect the construction industry. He prepares and negotiates construction contracts for clients utilizing AIA, EJCDC, and AGC industry form documents, as well as contracts that are not based on an industry form document.

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Brendan Winslow-Nason
Partner
Gordon Tilden Thomas & Cordell, LLP

Mr. Winslow-Nason focuses his legal practice in the areas of construction law and insurance coverage. He represents general contractors in breach of contract, defect, and worksite injury disputes. Mr. Winslow-Nason provides insurance coverage advice and litigates under insurance policies issued to construction companies and on construction projects. He provides legal advice to companies regarding indemnity and insurance requirements in commercial contracts.

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Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, March 4, 2025

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

  1. Analysis of policy language defining "property damage"
  2. Determining whether the damages are a result of an "occurrence"
  3. Specific damages
    1. Defective workmanship
    2. Economic damages
    3. Diminution in value
    4. Damages caused by repair and/or replacement
  4. Most recent case law developments

The panel will review these and other key issues:

  • Factors the courts consider in determining whether property damage falls within the meaning of the policy
  • Court rulings on whether defective work can ever be property damage
  • Court rulings on whether defective construction can ever constitute an "occurrence"
  • Whether damages sought constitute "economic" damages