Two Steps Forward, One Step Back For General Contractors

Law360, New York (July 26, 2013, 11:43 AM EDT) -- Judges get plenty of practice interpreting contracts. Why, then, do they so frequently get it wrong?

The last several months have been good ones for policyholders who happen to be general contractors. In April, the North Dakota Supreme Court took the unusual step of overruling one of its own prior decisions to find that faulty workmanship can constitute a covered “occurrence” (that is, construction defects can be “accidental”) under standard comprehensive general liability policies.

In June, the West Virginia Supreme Court of Appeals did the North...
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