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Insurance for Defective Construction - Print Edition

By: Patrick Wielinski
Insurance for Defective Construction - Print Edition
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Insurance for Defective Construction - Print Edition

Product type: Book

Publication Date(s): 2000, 2005, 2012, 2015, 2018

Edition: Fifth

Case Citations: 800+

Available Formats: Print, Online


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Summary

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
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.


Access Additional Content: This book is also available in an online version, which includes an exclusive appendix (updated each year) showing the prevailing construction defect law in each state. This additional content is not available in the print version.

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

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.
 

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