Law360, New York (February 08, 2011, 2:21 PM ET) -- Courts across the country struggle with whether commercial general liability insurance policies cover claims against contractors for faulty construction. Some have analyzed the standard provisions in a CGL policy and applied the coverage properly, consistent with well-known insurance concepts.
Others have been confused by provisions such as the so-called business risks exclusions or by the concept of a covered “occurrence,” and have confirmed the denial of otherwise covered claims. Recently, a New Jersey Superior Court judge joined the former group, concluding that a contractor’s CGL policy...