“Notably, many decisions address issues related to when the damage occurred for the purposes of determining whether the damage occurred during the policy period or whether a policy provision limiting coverage for continuing loss applies,” write members of Goldberg Segalla’s Global Insurance Services practice in the latest installment of the firm’s long-running Construction Defect Claims Update series with Mealey’s Litigation Report. “For example, in Interstate Fire & Cas. Ins. Co. v. First Specialty Ins. Co., the court concluded the relevant inquiry is when the property damage (as opposed to the occurrence) actually occurred.”
In Part II of “Construction Defect Claims: A 2020 Update,” Goldberg Segalla insurance coverage attorneys Thomas F. Segalla, Michael T. Glascott, Ashlyn M. Capote, Adam R. Durst, Sean P. Hvisdas, and Jason E. Rusche take an in-depth exploration into the intricacies of construction defect coverage, dissecting the most recent analyses from courts across the nation.
Part II discusses various decisions in construction defect cases in Arizona, California, Florida, Hawaii, Illinois, Maryland, Montana, Nevada, New Jersey, New York, Pennsylvania, South Carolina, Texas, and Washington.