Article Date: 08/16/2013


New Insurance Case: State High Court Rules that There Is No Coverage for a Policyholder’s Own Defective Work


By Scott Turner

 

Last month, a state high court ruled that a commercial general liability (CGL) policy’s coverage for defective construction work was excluded by operation of the Performing Operations Exclusion and the Recall of Products or Work Exclusion. The court also restated its general view that the CGL policy does not cover property damage to the policyholder’s own work; it only covers property damage to other property that is not the policyholder’s work.

 

The ConstructionPro Week summary of this case is available to ConstructionPro Network members and includes:

  • The citation for the case
  • The details of the case
  • Author’s commentary
  • A link to the complete PDF copy of the original opinion

Here is a portion of the author's commentary:

 

"Exclusions j.(5), j.(6), and l. separately treat property damage to the policyholder’s work at each of the three stages the property goes through in construction: property that is actively being performed upon; that part of the property on which the policyholder’s work has been completed but before the policyholder’s work on other parts of the project has been completed; and property on which all of the policyholder’s work has been completed. The third item on this list was intended to afford particularly generous coverage for general contractors...."

 



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