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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 2

James Landgraf, James Davis, Mary Borja, Kevin Murphy, and Bradley Dlatt

In this second half of a two-part program, we are exploring the dilemma faced in construction defect litigation when the specter of lack of or denial of insurance defense and coverage looms. A party defendant in a defect case will require competent counsel and will need the protection of insurance coverage. Similarly, a Plaintiff is looking for monetary compensation which can be in jeopardy if defense and coverage are not available. The panel of experienced construction and coverage counsel will discuss several of the core issues associated with coverage issues in these cases. Specific topics include:

  1. Pleading to Coverage 
  2. Defense of all or some claims 
  3. The Declaratory Judgment Action and To Consolidate or Not 
  4. Settlement and Assignment of the Claim to the Plaintiff

Sponsored by the Construction Litigation Committee