Construction Defect Coverage

Goldberg Segalla attorneys are experienced in representing insurers in complex, multi-party coverage disputes arising from construction-related activities and losses. Specifically, our attorneys are well-versed in the insurance coverage issues prevalent in claims and suits between owners, contractors, and subcontractors. We have litigated these issues as questions of law, at the trial court level and in appellate courts, and also tried construction defect related coverage issues to juries.

Our knowledge and experience spans virtually all construction-related insurance — such as commercial general liability policies, professional liability insurance, owner controlled insurance programs, owner’s protective liability policies, and WRAPs. We frequently assist in preparing coverage opinions addressing construction defect related coverage issues, preparing reservation-of-rights letters on behalf of clients, addressing tenders of defense of indemnification by or on behalf of additional insureds, and litigating construction defect coverage issues.

Whether the insurer has a dispute surrounding an additional-insured dispute, a claim for coverage for contractual defense and indemnity, or other construction-related coverage issues, we are well-positioned to provide our clients guidance on issues such as:

  • An insurer’s duty to defend
  • Additional insured issues
  • Coverage for tenders of defense and indemnification
  • Evaluating whether the actions complained of constitute an “occurrence” and “property damage”
  • Coverage for known losses or loss in progress
  • Coverage for completed operations
  • Coverage for pollution events and pollution cleanup costs under construction policies
  • The scope of various business risk exclusions contained in commercial general liability policies
  • Allocation of losses spanning multiple policy periods
  • Allocation of coverage and uncovered losses

Representative Matters

  • Our attorneys successfully resolved insurance coverage litigation arising from numerous contractors being sued after an explosion from hydrofracturing activities caused personal injuries and property damage.
  • Our attorneys have represented clients in ground-breaking cases before state and federal appellate courts involving insurance coverage for construction defect claims under commercial general liability policies.
  • We successfully represented an insurance carrier in obtaining reimbursement from another insurer of a significant portion of a personal injury settlement paid in connection with a construction accident. The defendant insurer was disputing its status as a primary obligor of our client’s insured.