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. 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 the past 20 years.
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, including the rejection of the widely
misunderstood Weedo v. Stone-E-Brick opinion
- Prevailing construction defect case law in
each state (online exclusive)
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 finally the business risk exclusions.
Insurance for Defective Construction saves you time and money
because the author, a practicing attorney, has done the work for
you, analyzing the latest legal trends, approaches, and theories in this
area. He includes an explanation of the drafting history behind the
provisions governing the CGL policy's coverage for construction defect
claims and carefully analyzes and comments on the cases that have interpreted
them.
Subscribe to the online version today or order a
printed copy.
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
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Table of Contents
Agents, Brokers and Account Support Staff
- 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.
Risk Managers, Financial Executives & Insurance
Buyers
- 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.
Underwriters
- 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.
Claims Adjusters
- Hone your knowledge of the defective construction as 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.
Attorneys
- 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 occurrence
issue.
Consultants
- 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.
Your purchase of the online version of Insurance for Defective
Construction comes with a digital copy of the Contractor's
Guide to OCIPs -a handy reference that provides guidance on 39
issues contractors should consider when accepting coverage through a
wrap-up or controlled insurance program. This publication was prepared
by the OCIP Task Force of the AGC of America.