Construction Defect Indemnity Obligations Under CGL Policies: Identifying Covered vs. Non-Covered Damages
Leveraging Insurance Coverage Arguments for Contractors, Subcontractors, and Insurers
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will discuss an insurer's indemnity obligations in construction defect claims and how to distinguish between covered and non-covered damages. The program will review the issues from the perspective of both the insurer and the general contractor or subcontractor.
Outline
- Analysis of policy language defining "property damage"
- Determining whether the damages are a result of an "occurrence"
- Specific damages
- Defective workmanship
- Economic damages
- Diminution in value
- Damages caused by repair and/or replacement
- Most recent case law developments
Benefits
The panel will review these and other key issues:
- Factors the courts consider in determining whether property damage falls within the meaning of the policy
- Court rulings on whether defective work can ever be property damage
- Court rulings on whether defective construction can ever constitute an "occurrence"
- Whether damages sought constitute "economic" damages
Faculty
David M. Adelstein
Partner
Kirwin Norris
Mr. Adelstein represents general contractors, subcontractors, design professionals, developers, associations,... | Read More
Mr. Adelstein represents general contractors, subcontractors, design professionals, developers, associations, suppliers, sureties, and owners in a myriad of construction matters including, without limitation, construction/design defect claims, schedule-based claims (including inefficiency, lost productivity, and acceleration claims), bid protests, payment disputes, lien and bond claims, liability and property insurance issues, and a host of other issues that affect the construction industry. He prepares and negotiates construction contracts for clients utilizing AIA, EJCDC, and AGC industry form documents, as well as contracts that are not based on an industry form document.
Close
Brendan Winslow-Nason
Partner
Gordon Tilden Thomas & Cordell
Mr. Winslow-Nason focuses his legal practice in the areas of construction law and... | Read More
Mr. Winslow-Nason focuses his legal practice in the areas of construction law and insurance coverage. He represents general contractors in breach of contract, defect, and worksite injury disputes. Mr. Winslow-Nason provides insurance coverage advice and litigates under insurance policies issued to construction companies and on construction projects. He provides legal advice to companies regarding indemnity and insurance requirements in commercial contracts.
Close