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“Construction Defect Claims: A 2017 Update,” Mealey’s Litigation Report: Construction Defects Insurance

January/February 2018
Michael T. Glascott Thomas F. Segalla

“While decisional authority addressing potential coverage for construction defect claims under commercial general liability policies continues to evolve, many decisions in 2017 relied upon long-recognized doctrine to decide contested matters,” write Goldberg Segalla partners Thomas F. Segalla, William J. Edwins, and Michael T. Glascott, and associate Brandon D. Zeller in a two-part article for Mealey’s Litigation Report: Construction Defects Insurance. “While such decisions allow the construction industry a reasonable basis to anticipate what might fall within the coverage of their policies, a few decisions offer a reminder to practitioners to monitor developing case law.”

In their article — the first of two parts — the writers “highlight numerous decisions from across the county over the past twelve months that affirm certain rules upon which the construction industry has long relied, along with several other rulings that offer new developments the industry should monitor going forward.” Part One includes analyses of decisions pertaining to reservation of rights letters, the notice and repair process under Florida Statutes, and many other issues. Part Two includes analyses of all risk policies, prior negligent acts, the recoverability of owner-controlled insurance program damages, the “your work” exclusion, mold exclusions and the “but for” test, anti-concurrent causation provisions, and more.