The New Wave Of Insurance For Construction Defects?

Law360, New York (July 22, 2011, 11:08 AM EDT) -- Courts across the country remain split on the issue of whether claims alleging construction defects are covered by commercial general liability insurance policies. The primary battle ground has been whether such claims involve an accidental “occurrence” within the meaning of the CGL policy coverage grant.

Now this issue is getting substantial attention from state legislatures. Four states recently enacted new legislation addressing insurance coverage for construction defect claims, and each statute favors coverage, albeit in different ways and to varying degrees. These statutes signal that the...
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