CGL Coverage

Additional Insured Denied Recovery Under Commercial General Liability Policy For Costs Sustained Repairing Defective Construction and Resulting Property Damage

by David R. Cook Jr.
January 30, 2016February 14, 2022

In Auto Owners Insurance Co. v. Gay Construction Co.,[1] 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

Insurance Coverage for Damages Arising from Defective Construction

by David R. Cook Jr.
December 28, 2013February 14, 2022

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

Georgia Court of Appeals Examines CGL Coverage Exclusions

by David R. Cook Jr.
October 9, 2013February 14, 2022

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

Georgia Supreme Court Resolves An Important CGL Coverage Issue for Defective Construction

by David R. Cook Jr.
September 16, 2013February 21, 2022

By answering a certified question from the Eleventh Circuit Court of Appeals, the Supreme Court of Georgia resolved a long-standing dispute regarding CGL insurance coverage for damages arising from an insured contractor’s defective construction. The issue was fairly narrow because it related to the “occurrence” requirement in standard CGL policies. The federal court asked whether a standard CGL policy’s requirement of an “occurrence” can be satisfied when the damaged property at issue was solely the contractor’s work? Read More »Georgia Supreme Court Resolves An Important CGL Coverage Issue for Defective Construction

Construction Industry Still Unaware of Potential CGL Coverage Related to Faulty Workmanship

by David R. Cook Jr.
September 3, 2013

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

Owners and Contractors Beware: Policy Endorsement Diminishes Commercial General Liability Coverage for Defective Construction

by David R. Cook Jr.
May 28, 2011February 14, 2022

Construction-industry clients may be surprised to discover that a recent endorsement to the ISO form Commercial General Liability (“CGL”) policy eliminates insurance coverage for property damage that is caused by defective work performed by subcontractors.

Click below to read more or click here to view AHC’s Construction Law Update on this topic.

This article was written by David R. Cook and Mark V. Hanrahan.