Mark Hanrahan, partner in law firm of Autry, Hanrahan, Hall & Cook, LLP, spoke at Sterling Risk Advisors to a group of construction professionals regarding Commercial General Liability insurance in construction. Mark focused his talk on construction defects and the potential insurance coverage available under Commercial General Liability policies.
Among the topics Mark covered were
- Standard ISO policy terms and the basics for understanding potential coverage
- What is an “occurrence” and what is “property damage” in the context of construction defects
- Common endorsements and business-risk exclusions found in Commercial General Liability policies
- Widely differing treatment of policy terms by courts in different states which has led to different coverage determinations across the country
- An emerging consensus of state courts finding the existence of occurrences and property damage in certain construction defects circumstances
- The recent decision of the Georgia Court of Appeals, Auto Owners Insurance v. Gay Construction, interpreting the rights of additional insureds under Commercial General Liability policies when seeking coverage for costs and expenses incurred remediating construction defects
- Recommendations for best practices.
The video of the presentation begins at 1:09.