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Insurance for Defective Construction

By: Patrick Wielinski
Insurance for Defective Construction

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Insurance for Defective Construction

By: Patrick Wielinski

Product type: 1 Year Subscription

Publication Date(s): 2000, 2005, 2012, 2015

Case Citations: 500+

Part of: Books Package

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Summary

Provides a detailed review of relevant coverage issues and how they have been treated by the courts.

Commercial General Liability (CGL) insurance claims involving defective workmanship are complex 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 has analyzed the latest legal trends, approaches, and theories in this area. The author, a practicing attorney, 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.

Use this resource to give you a leg up on coverage for defective construction and don't leave money on the table.

Consider the online version, which includes an appendix (updated each year) showing the prevailing law in each state. This appendix is not available in the print version.

Appendix: Defective Construction as an "Occurrence"

defective constuction as occurrence

Insurance for Defective Construction covers these topics.

  • Development of Insurance Coverage for Defection 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
  • Meeting the Ongoing Challenges

Download 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.
Bonus Publication Icon

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.

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