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

August 2015
Thomas F. Segalla

“Decisions from various jurisdictions continue to emphasize the burden an insurance carrier is confronted with when disclaiming coverage. While it is well known that ‘the duty to defend is broader than the duty to indemnify,’ the distinction is sometimes forgotten,” write Thomas F. Segalla, Ellen H. Greiper, Matthew S. Lerner, Stefan A. Borovina, and Marvin N. Romero of Goldberg Segalla’s Construction, General Liability, and Global Insurance Services Practice Groups.

In this comprehensive article, the authors report on — and facilitate an analysis of — a range of cases that have had a significant impact on construction industry litigants, from both the coverage and liability perspectives.

“It is imperative that insurers understand the factors a court will consider prior to issuing a declination of coverage,” the authors write.

Read the article here: