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What Do You Mean There’s No Coverage?! Facing the Potential of No Insurance Defense or Coverage on a Construction Defect Claim - Part 1

Brian Gaudet, Mary Borja, Kevin Murphy, and Catharine Crane

This is the first of a two-part program. It will explore the dilemma faced in construction defect litigation when there is a threat that insurance defense and coverage is either lacking or will be denied. Similarly, a Plaintiff is looking for monetary compensation which can be in jeopardy if defense and coverage are not available. In this first Part, the topics include:

  1. Is there an “Occurrence”? 
  2. The status of the “own work” Exclusion 
  3. Dealing with Surplus Lines and Preferred Risk Carrier Exclusions and Conditions 
  4. The Ethics Involved in Coverage Disputes

Sponsored by the Construction Litigation Committee