News & Analysis as of

Commercial General Liability Policies Insurance Litigation Construction Industry

Spilman Thomas & Battle, PLLC

NC Court of Appeals Clarifies How Insurers’ Duties to Defend and Indemnity Are Triggered in Atypical Employment Relationships

The Court of Appeals’ opinion in N.C. Farm Bureau Mut. Ins. Co. v. Young, (No. COA24-594) addresses how a court is likely to assess the duty to defend and the duty to indemnify under an insurance contract, and the interplay...more

Carlton Fields

Texas Appeals Court Finds Project Owner Excluded From Coverage as Claimants’ Statutory Employer

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On April 3, 2025, a Texas state appeals court reversed a trial court order awarding Exxon Mobil $25 million under an umbrella insurance policy issued by Lexington Insurance Co. to Brock Services Ltd. The appeals court found...more

Conn Kavanaugh

First Circuit Rules on Important Coverage Issue for Contractors.

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First Circuit Court of Appeals Rules That Standard Commercial General Liability Policy Excludes Coverage for Downstream Property Damage When General Contractor’s Scope of Work Covers Entire Building - It is well-accepted...more

Robinson+Cole Construction Law Zone

Massachusetts Appellate Court Confirms Construction Defects are Not Covered Under Commercial General Liability Policies

In a case of first impression in Massachusetts, Lessard v. R.C. Havens & Sons, Inc., 104 Mass. App. Ct. 572 (2024), the Appellate Court confirmed that construction defects, without more, do not constitute property damage...more

Rivkin Radler LLP

December 2024 Insurance Update

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There’s been plenty of litigation over whether construction defect claims qualify for coverage under a CGL policy. This month, we discuss two federal circuit court rulings (First and Seventh Circuits) that reach opposite...more

Robinson+Cole Construction Law Zone

Water Alone is Not Property Damage Under a CGL Policy in Connecticut

The Connecticut Appellate Court recently provided guidance on what does not constitute property damage under a typical contractor’s Commercial General Liability (CGL) insurance policy in Westchester Modular Homes of Fairfield...more

Bilzin Sumberg

Will Construction Insurance Costs Kill Florida’s Real Estate Boom?

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The cost of construction insurance in Florida is having developers second-guess their willingness to invest in the Sunshine State, while business leaders are growing concerned that higher insurance costs may slow Florida’s...more

Sheppard Mullin Richter & Hampton LLP

A Potential Big Win for Real Estate Developers in Illinois: CGL Coverage for Property Damage from Defective Work

Illinois may have just opened a new door for developers and owners for insurance coverage when it comes to defective construction work and commercial general liability (“CGL”) coverage. Based on the recent Illinois Supreme...more

Payne & Fears

Liability Coverage For Construction Claims May Turn On Narrow Factual Distinctions

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In a recent trial court decision, a Montana federal court reminds us how fragile insurance coverage can be for construction-related insurance claims. Specifically, this case illustrates how seemingly small factual nuances can...more

Perkins Coie

Illinois Supreme Court Issues Landmark Construction Insurance Coverage Ruling

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In Acuity v. M/I Homes of Chicago, the Illinois Supreme Court overturned years of lower court precedent and established that “property damage” in the context of construction defect or faulty workmanship claims exists...more

Payne & Fears

Virginia Federal Court Reaffirms Construction Defect Claims Not Covered by CGL Policies

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Third-party claims seeking damages for faulty workmanship that results in property damage are covered under general liability policies in most jurisdictions. Virginia is not one of them. A federal district court recently...more

Goldberg Segalla

Caused, in Whole or In Part, By: Additional Insured Coverage in the Wake of Burlington v. NYCTA

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Obtaining additional insured coverage is one critical tool in the risk transfer toolbox. Owners and contractors on construction projects routinely ask “downstream” contractors and subcontractors to sign contracts wherein the...more

Payne & Fears

Texas Federal Court Delivers Another Big Win for Policyholders on CGL Coverage for Construction-Defect Claims and “Rip-and-Tear”...

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Insurers regularly argue that commercial general liability (“CGL”) policies are not performance bonds and therefore there is no coverage for claims seeking damages for defective or faulty workmanship. Insurers also argue...more

Payne & Fears

Pennsylvania Federal Court Confirms: Construction Defect Claims Not Covered by CGL Policies

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The construction industry operates under the constant spectre of claims seeking damages for defective or faulty workmanship. Fortunately, the law in most states treats these claims as covered under commercial general...more

Cranfill Sumner LLP

[Virtual Seminar] Workers’ Compensation & Civil Litigation Law Updates - September 29th, 9:00 am - 4:00 pm EDT

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Register Today For Cranfill Sumner’s 2021 Virtual Continuing Education Seminar: Workers’ Compensation & Civil Litigation Law Updates...more

Cohen Seglias Pallas Greenhall & Furman PC

Protect Your Construction Project: Top 10 Insurance Provisions to Know

Presented by Jonathan A. Cass on April 27, 2021. Construction projects are dangerous places—people get hurt and property gets damaged. Whether you are a general contractor, a construction manager, or a subcontractor, it is...more

Carlton Fields

South Carolina Federal Court Finds No Coverage for Faulty Workmanship Damages Discovered Years After Occurrence-Based Policy...

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Potential Six-Year Delay in Notice of Flood and Mold Damage “Substantially Prejudiced” Insurer - In Atain Specialty Insurance Company v. Carolina Professional Builders, LLC et al., 2:18-cv-2352-BHH (D.S.C. Oct. 2, 2020),...more

Farella Braun + Martel LLP

[Webinar] Real Estate Webinar Series - Dispute Resolution - September 1st - 3rd, 3:00 pm - 4:00 pm PT

As businesses in the real estate industry grapple with the fallout of the coronavirus pandemic, disputes are on the rise. Understanding your contractual rights early on can help you minimize your litigation risks and exposure...more

Sheppard Mullin Richter & Hampton LLP

Court Finds That “Care, Custody Or Control” Exclusion Did Not Negate Coverage For General Contractor Who Shared Jobsite...

McMillin Homes Constr., Inc. v. National Fire & Marine Ins. Co., 35 Cal.App.5th 1042 (2019); Fourth Appellate District Court of Appeal, Division One, Case No. D074219 (June 5, 2019). McMillin Homes Construction, Inc....more

Bradley Arant Boult Cummings LLP

Notifying Your Excess Insurers: Don’t Let an Insurer Gamble with Your Company’s Bottom Line

Informed insureds know the importance of notifying their primary insurer of an occurrence or a claim. But notice to the primary layer often does not suffice. If the plaintiff’s demand exceeds the limits in the primary...more

White and Williams LLP

PA Superior Court Provides Clarification on Definition of CGL “Occurrence” When Property Damage Is Caused by Faulty Building...

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The standard for an “occurrence” under a commercial general liability (CGL) insurance policy has been addressed on several occasions by Pennsylvania courts when an insured has allegedly performed faulty workmanship on a...more

Farella Braun + Martel LLP

“That Particular Part” – Yet More

Massachusetts Appeals Court Gets It Right – Mostly - Hot on the heels of the Federal Tenth Circuit Court of Appeals’ decision in MTI, Inc. v. Employers Insurance Company of Wausau, __ F.3d __, 2019 WL 321423 (10th Cir....more

Bricker Graydon LLP

Got coverage? What to consider in the wake of the Ohio Supreme Court’s ruling on Ohio Northern University v. Charles Construction...

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On October 9, 2018, in Ohio N. University v. Charles Constr. Servs., Inc., Slip Opinion 2018-Ohio-4057, the Ohio Supreme Court ruled that property damage caused by a subcontractor’s allegedly defective work was not covered...more

Carlton Fields

California Federal Court Holds Scope of Duty to Defend Is Determined by the Language of the Contract

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In Harper Construction Co. v. National Union Fire Insurance Co. of Pittsburgh, the Southern District of California rejected an insured’s attempt to expand a CGL policy’s definition of “suit” to encompass mere demands without...more

Cohen Seglias Pallas Greenhall & Furman PC

Who is an Insured Anyway? New Additional Insured Requirements for New York Construction Professionals

Construction professionals in New York face new hurdles in ensuring they are covered as additional insureds under other parties’ commercial general liability insurance policies....more

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