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Insurance for Defective Construction

Construction

About This Product

Commercial General Liability (CGL) insurance claims involving defective workmanship are complicated and expensive. They involve a complex scheme of coverage, from the insuring agreement, through the definitions, particularly occurrence and property damage, and business risk exclusions.

Insurance for Defective Construction is regarded as the authoritative source of reliable information and guidance for construction risk management and insurance professionals and has held that position for decades. Protect yourself or your clients from the legal consequences and financial hardship of defective construction claims with the extensively revised and expanded edition of this respected guide. 

The most recent content updates include the following enhancements:

  • Expanded analysis of “occurrence” and “property damage,” in the CGL policy based on recent court rulings
  • Deeper exploration of the issues of timing of loss and number of occurrences, as well as allocation of property damage among multiple policies
  • Extended treatment of the pros and cons of wrap-up programs with respect to defective work claims
  • A deeper dive into how other types of insurance respond to faulty workmanship and design claims, including builders risk and subrogation, contractor default insurance and surety bonding, contractors professional liability, and pollution legal liability coverages

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Product Description

Guarantee that the right construction risk management decisions are being made by referring to the most up-to-date analysis of these crucial topics:

  • Right to repair proceedings as "suits" under the commercial general liability policy
  • Allocation, noncumulation, and preexisting damage endorsements
  • Rip and tear as property damage
  • Breach of contract endorsements
  • Latest rulings on the never-ending "occurrence" debate
  • Prevailing construction defect case law in each state 

Insurance for Defective Construction covers these topics.

  • Development of Insurance Coverage for Defective Work
  • The CGL Insuring Agreement, Legal Obligation, and Breach of Contract
  • Defective Work as Occurrence
  • Time, Number, and Trigger of Occurrence
  • Defective Work as Property Damage
  • Contractual Liability: The Coverage and the Exclusion
  • Owned, Rented, or Occupied Property Exclusion
  • Care, Custody, or Control Exclusion
  • The Operations Exclusion
  • Incorrect Work Exclusion
  • Your Work Exclusion, Its Predecessors, and Completed Operations Coverage
  • Alienated Premises Exclusion
  • Damage to Products Exclusion
  • The Impaired Property Exclusion and Its Predecessors
  • Product Withdrawal and Recall (Sistership) Exclusions
  • The Role of Business Risk and Insurance for Defective Construction
  • The Interaction between CGL Coverage and Surety Bonding
  • Umbrella Insurance Issues in Defective Construction
  • Interrelationship of Builders Risk Insurance, CGL Insurance, and Subrogation

Benefits to You

  • Advise clients on how to arrange coverage to minimize the likelihood of disputes with the insurer when construction defect claims are made.
  • Master your command of endorsements that restrict policy coverage to help clients avoid unexpected gaps in coverage.
  • Help your clients stay on the leading edge with new theories regarding property damage, including damage due to defective construction as economic loss and the effect of the economic loss rule.
  • Understand how the insuring agreement relates to a construction contractor's obligation to repair defective work.
  • Understand the endorsements that restrict policy coverage to avoid unexpected gaps in coverage.
  • Get solutions to the defective construction as occurrence issue.
  • Understand the ramifications of new theories regarding property damage, including damage due to defective construction as economic loss and the effect of the economic loss rule.
  • Learn the drafting intent and history of the ISO CGL policy with respect to construction defect coverage.
  • Gain the insight and guidance needed to help you answer tough questions posed by agents, brokers, and insureds.
  • Understand the endorsements that restrict policy coverage.
  • Hone your knowledge of the defective construction as an occurrence issue.
  • Understand the endorsements that restrict policy coverage.
  • Learn how the insuring agreement relates to a construction contractor's obligation to repair defective work.
  • Learn the drafting intent and history of the ISO CGL policy with respect to construction defect coverage. lder]
  • Learn the drafting intent and history of the ISO CGL policy with respect to construction defect coverage.
  • Careful analysis and comments on the cases that have interpreted CGL coverage for damage to the work help you quickly get up to speed on the law.
  • Hone your understanding of the defective construction as an occurrence issue.
  • Understand the drafting intent and history of the ISO CGL policy with respect to construction defect coverage.
  • Use as support and a second opinion in your litigation consulting work.

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