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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Thursday, December 19, 2024

  • schedule Time

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

  • timer Program Length

    90 minutes

Credit Information

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

$297.00
CLE
ALL

This CLE course will discuss the scope of the CGL exclusions for property damage in construction claims and the applicability of products-completed operations hazard coverage. The panel will review how the courts apply the exclusion and best practices for formulating arguments for or against coverage for these claims, emphasizing various state approaches.

Faculty

Robert V. Closson
Shareholder
Hirsch Closson, APLC

Mr. Closson joined the Firm in 2008 and continues to concentrate his practice in insurance coverage litigation, "bad faith" litigation, coverage related matters, and appeals. His insurance practice has involved the property and casualty fields of commercial and personal lines policies with an emphasis on construction defect, intellectual property, business litigation and environmental claims.

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Carl A. Salisbury
Partner
Bramnick Rodriguez Grabas Arnold & Mangan, LLC

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.

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Description

Property damage claims arising in construction cases present complex coverage issues. Courts are routinely called upon to decide whether claims arising from faulty construction and workmanship are covered or excluded from coverage by the CGL policy. Some states have held that such claims do not constitute an occurrence.

Court and state approaches vary. Some rely on exclusions in a CGL policy, primarily exclusion K, damage to the insured's product; others on exclusion L, damage to the insured's work; and others on exclusion M, damage to impaired property or property not physically injured.

Also often at issue is whether products-completed operations coverage includes bodily injury and property damage arising from the insured's products and work. Whether the work was done by the insured or a subcontractor is a factor in determining whether property damage is covered or excluded.

Listen as our authoritative panel of construction practitioners analyzes the CGL exclusions for property damage in construction cases, the applicability of products-completed operations hazard coverage, factors courts consider in determining whether property damage is covered, and formulating arguments for or against coverage for these claims.

Outline

  1. Property damage in general
    1. CGL grant of coverage and definitions
    2. The requirement of an occurrence
  2. Exclusion K
    1. Damage to the insured's product
    2. Applicability to construction cases
  3. Exclusion L
    1. Damage to the insured's work
    2. Products-completed operations hazard
  4. Exclusion M, damage to impaired property
  5. Work of subcontractors and exclusion CG 22 94

Benefits

The panel will review these and other high priority issues:

  • Factors the courts consider in determining whether property damage is covered
  • Exclusions K, L, and M in a CGL policy and what those exclusions encompass
  • The applicability of products-completed operations hazard coverage
  • Impact on coverage if a subcontractor causes faulty work