Attorney David Cook wrote an article concerning insurance policies commonly obtained by construction companies or required by construction contracts. Read the article here.
Additional Insured Denied Recovery Under Commercial General Liability Policy For Costs Sustained Repairing Defective Construction and Resulting Property Damage
In Auto Owners Insurance Co. v. Gay Construction Co., a general contractor brought a claim as an additional insured under a sub-subcontractor’s commercial general liability… Read More »Additional Insured Denied Recovery Under Commercial General Liability Policy For Costs Sustained Repairing Defective Construction and Resulting Property Damage
The Atlanta Bar Litigation Section recently published an article written by Autry Cole attorney David Cook regarding insurance coverage for damages arising from defective construction. … Read More »Insurance Coverage for Damages Arising from Defective Construction
In several prior posts, we have discussed the availability of CGL insurance to cover certain property damages arising from defective construction. A recent Georgia case examines several arguments of a CGL insurer’s attempt to avoid such coverage. Read More »Georgia Court of Appeals Examines CGL Coverage Exclusions
A recent Georgia case illustrates that many in the construction industry still believe that CGL insurance policies exclude coverage for defective construction – a belief that resulted in loss of coverage for one contractor. The court affirmed that, “while construction defects constituting a breach of contract are not covered by [CGL] policies, negligently performed faulty workmanship that damages other property may constitute an ‘occurrence.’”
Based on a mistaken belief of no coverage, a contractor failed to provide timely notice to its insurance carrier. As a result, the court dismissed the CGL insurer from the case, leaving the contractor (and the owner) without insurance coverage for substantial damages. Read More »Construction Industry Still Unaware of Potential CGL Coverage Related to Faulty Workmanship