About the Course
Introduction
This CLE course will discuss an insurer's indemnity obligations in construction defect claims and how to distinguish between covered and non-covered damages. The program will review the issues from the perspective of both the insurer and the general contractor or subcontractor.
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
Mr. Adelstein practices construction law throughout the state of Florida. He has represented contractors, subcontractors, design professionals, developers, associations, suppliers, sureties, and owners in a myriad of construction matters including, without limitation, construction and design defect claims, schedule-based claims, bid protests, payment disputes, insurance coverage disputes, lien and payment bond claims, performance bond claims, construction licensing issues, OSHA issues, workers compensation issues, subcontractor default insurance issues, requests for equitable adjustment, Contract Disputes Act claims, termination claims, pass-through claims, Davis Bacon issues, and any other issue that involves a construction project. He also has prepared and negotiated many construction contracts based on various construction project delivery methods.
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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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, March 4, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
- Analysis of policy language defining "property damage"
- Determining whether the damages are a result of an "occurrence"
- Specific damages
- Defective workmanship
- Economic damages
- Diminution in value
- Damages caused by repair and/or replacement
- 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
Related Courses
Additional Insured Coverage in Construction Contracts and Interplay With Contractual Indemnification Clauses
Thursday, October 22, 2026
1:00 PM ET/10:00 AM PT
