My old law partner Carl Salisbury is on the warpath against carriers’ efforts to escape construction defect coverage. He has some interesting things to say about a recent pro-carrier South Carolina decision. You can read Carl’s excellent blog post by clicking here. (I promise not to call them “business risk” exclusions any more,
your work
“Your Work” and the “Products-Completed Operations” Hazard
Here’s some advice I would give to anyone contemplating becoming a general contractor: Don’t. The liability insurance coverage picture is too muddy, and coverage for completed operations is too uncertain. My secondary, and perhaps more realistic, advice: Review your subcontractors’ general liability coverage and make sure there’s adequate protection if you need to bring suit…
Completed operations coverage for construction defects
When I was in grammar school, the class wise guy was a kid named Nicky DeLuca. One day, we were in gym class, and the coach was trying to teach us the importance of fundamentals in basketball.
“You have to have a strong foundation,” the coach said. “It’s like building a house. You have to…
The Explosive “Your Work” Exclusion
A lot has been written lately – both by judges and observers – about the so-called “business risk” exclusions and their applicability to construction defect claims. (We’ve previously discussed them here, for example.) Some judges have ruled that faulty workmanship can never constitute a covered “occurrence” under a general liability policy. Lately, though, more…
Business Risk Exclusions
Those of us who represent contractors in coverage disputes have had to wrestle a lot over the past few years with so-called “business risk” exclusions, such as the “your work” and “your product” exclusions. Cynicism may be unhealthy, but the cynic in me says that insurance companies are twisting these exclusions far beyond their intended…
Insurance coverage for construction defects
It’s amazing how, when the economy tanked, construction defects began to multiply exponentially. I’m not (necessarily) trying to ascribe purely financial motives to the plaintiffs in these cases, but there’s no doubt that, at my firm at least, we’ve seen a marked increase in the amount of coverage litigation over construction defects.
So, what’s the…