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.
Andrew has over 30 years of experience representing insurance companies, corporations, municipalities, and individuals in declaratory judgment actions, contractual disputes, bad faith claims, and appeals in state and federal courts across the United States. In addition to insurance coverage, his emphasis is on construction defect litigation matters. He has successfully litigated Illinois cases of first impression applying the business risk and false pretense exclusions. He also has experience with general liability, professional liability, commercial auto, property, business owner’s, and homeowner’s policies.
Drew has been rated an AV® Preeminent™ lawyer by Martindale-Hubbell, representing the recognition of the highest level of professional excellence by his peers. In 2018 and 2019, he was named a Leading Lawyer in Illinois in the areas of Insurance, Insurance Coverage, and Reinsurance Law.
After law school, Drew served as law clerk to the Hon. Edward J. Egan of the Illinois Appellate Court.
Publications and Presentations
Excellent summary of how to analyze insurance policies