Courts nationwide continue to differ in their decisions regarding construction defect insurance coverage cases,” write members of Goldberg Segalla’s Global Insurance Services practice.
Thomas F. Segalla, Michael T. Glascott, Ashlyn M. Capote, Adam R. Durst, and Jason E. Rusche examined courts’ analyses in insurance coverage cases arising out of construction defect claims in Part I of “Construction Defect Claims: A 2019 Update” for Mealey’s Litigation Report.
“While these cases can implicate a wide variety of insurance coverage issues, the vast majority of the 2019 cases concern commercial general liability policies. Common issues include whether the insuring agreement is triggered, i.e., whether a lawsuit against the insured alleges ‘property damage’ that results from an ‘occurrence,’ and whether any of the policy’s Business Risk Exclusions apply to bar coverage. However, some of the decisions below involve professional liability policies and various other coverage issues, such as when particular damages are alleged to have occurred.”
In Part I of their article, this team examines decisions in construction defect coverage cases venued in Alabama, Arizona, Colorado, Florida (nine decisions total), Georgia, Illinois, Indiana, Kansas (interpreting New York law), Louisiana, Minnesota, Michigan, Missouri, Montana, New Jersey, New York, Ohio, Pennsylvania, Texas, Utah, Washington, and Wisconsin.
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