Between the Lines

A Discussion of Case Law and Statutory Law Affecting Commercial Lines of Insurance

Archive for Construction Defects Category

Posted In: Construction Defects, Policy Construction

Policy Interpretation Begins with the Policy Language, Not Its Purpose, Says New Hampshire

Insurers embroiled in coverage disputes sometimes seek to offer evidence of the policy’s purpose or intent to support their interpretation of a disputed policy provision. In a decision interpreting the…

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Posted In: Construction Defects

If a Tree Falls in a Forest, Is It an Occurrence?

Not If You Cut More Trees Than Called For in Your Contract. That’s Faulty Workmanship, Not an Accident, Massachusetts Appeals Court Rules; Business Risk Exclusions Also Bar Coverage. In light…

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Posted In: Construction Defects

Accidents Happen, But GL Coverage Doesn’t Necessarily Follow

I recently wrote about the Connecticut Supreme Court’s decision addressing the often-contested question of whether the standard form CGL policy covers damage caused by defective construction. Connecticut found that where…

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Posted In: Construction Defects

The Connecticut Supreme Court’s Summer of Insurance — Part II: GL Policies May Provide Coverage for Some Damage Caused by Defective Construction

When a general contractor seeks coverage under its general liability policy for losses resulting from defective work on a construction project, disputes inevitably follow.  Typically contested issues include whether there…

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Posted In: Construction Defects

Floor Subsidence Caused By Leaky Pipe Is Not “Earth Movement” But Insurer Can Pursue Fraud Defense Unearthed During Discovery

A pipe bursts in a warehouse.  Water seeps under the concrete floor and the floor sinks.  The warehouse owner is covered for the damage to the floor even though the…

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Posted In: Construction Defects

Are Construction Defects an Occurrence? Some State Legislatures Say Yes.

Windows are falling out of a prominent skyscraper.  Has there been an “occurrence” under the contractor’s general liability policy? Coverage for construction defects has been a hotly contested commercial general…

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