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‘Construction Defect Claims: A 2022 Update’ — Part I — Mealey’s Litigation Report


‘Construction Defect Claims: A 2022 Update’ — Part I — Mealey’s Litigation Report

EDITORS NOTE — This is the latest in an ongoing series within the Mealey’s Litigation Report, where the commentary was published first. 

In Part I of “Construction Defect Claims: A 2022 Update,” Thomas F. Segalla, Michael T. Glascott, Ashlyn M. Capote, Adam R. Durst, Sean P. Hvisdas, and Samantha M. McDermott of Goldberg Segalla’s Global Insurance Services practice group provided commentary on 2022 decisions in defect insurance coverage cases.  

“Construction defect insurance coverage cases, especially in the liability context, are typically replete with analyses regarding whether the alleged damages were the result of an occurrence or whether any business risk exclusions preclude coverage,” the attorneys noted in their introduction to the commentary. “The cases below include discussions about legal principals – such as whether the insured has adequately pled a bad faith claim — (and) also include an analysis of numerous policy provisions outside of those typically referred to as the business risk exclusions …” 

Part I discussed rulings in California, Colorado, Connecticut, Florida, Hawaii, Illinois, Maryland, Massachusetts, Nevada, New York, North Dakota, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, and Washington. 


Construction Defect Claims: A 2022 Update—Part I,” Mealey’s Litigation Report: Construction Defects Insurance, January 10, 2023