Construction Defect Claims: Occurrences, Coverage Triggers and Exclusions Under CGL Policies
Navigating Divergent Court Views to Maximize Coverage or Limit Liability
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
- event Date
Tuesday, April 26, 2016
- schedule Time
1:00 PM E.T.
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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This CLE course will provide insights to counsel for contractors and insurers on the legal theories of construction defects constituting “occurrences”. The panel will discuss the distinction between the approaches taken by courts, whether specific factual allegations are required to trigger the duty to defend, whether construction defects are single or multiple occurrences, and 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. Understanding what constitutes, and the timing of, an “occurrence” under a CGL policy is the key to coverage.
Some courts examine whether the defect itself was foreseeable (favorable to insurers). Other courts examine whether the resulting damage was expected or intended (favorable to policyholders). Counsel for contractors must understand the facts and pleadings needed to trigger an occurrence under these two standards.
Listen as our authoritative panel of construction 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.
- What is an occurrence in construction defect disputes
- Courts and theories supporting construction defects as occurrences
- Courts and theories supporting construction defects are not occurrences
- Policy exclusions
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?
- When construction defect claims are covered, what approaches have courts taken to determine whether a defect constitutes single or multiple occurrences?
