"Construction Defect Claims: A 2018 Update — Part II," Mealey's Litigation Report April 2019

In the second installment of a two-part series for Mealey’s Litigation Report, “Construction Defect Claims: A 2018 Update,” Thomas F. Segalla, Michael T. Glascott, Ashlyn M. Capote, and Brandon D. Zeller examine courts’ analyses in insurance coverage cases arising out of construction defect claims. Part I was published in the March 2019 issue of Mealey’s.

Part II covers cases in 14 different U.S. states, and specifically focuses on states’ varying applications of the duty to defend standard. “Obviously, the duty to defend standard is an important factor in nearly all insurance coverage disputes,” the authors write, “but it is especially important in the construction defect context where the underlying complaint against the party seeking coverage may contain very little facts implicating coverage.”

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