On Demand

New Wave of Occurrence as to Property Damage Meets Prior Work and Breach of Contract Exclusions

1h 4m

Created on September 12, 2019




This program, taught by Andrew Witik, Senior Counsel at Christensen Hsu Sipes, will discuss the current trends in state courts' interpretation of the defined term "occurrence" in a CGL policy in the context of property damage arising from construction defects resulting from the faulty workmanship of the general contractor or its subcontractors. The doctrine of fortuity and the rationale of noted outliers (such as the Supreme Courts of Kentucky and Ohio finding that faulty workmanship of a subcontractor does not constitute a covered occurrence under the policy) will also be addressed. In addition, the program will identify and discuss how insurers have responded to the trend through the introduction of various prior work and breach of contract exclusions throughout the country.

Learning Objectives:

  1. Review what an "occurrence" has traditionally meant in a CGL policy for construction defects
  2. Analyze recent court rulings interpreting the meaning of occurrence
  3. Identify trends across states
  4. Note insurers response through use of broad breach of contract and prior work exclusions
  5. Apply these trends to advising clients on best practices for these types of policies and claims

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