September 30, 2013. When it comes to business disputes, construction lawsuits can trigger seemingly countless insurance-related issues. For example, were the alleged damages caused by an “occurrence” as defined in the contractor’s insurance policy? If so, did the damages begin and/or end during different years, thereby triggering multiple insurance policies? In addition, did the damages at issue stem from more than one “occurrence,” thereby potentially leading to an increase in applicable policy limits? These insurance coverage questions arise frequently in construction lawsuits.
In addition, when it comes to construction disputes, the “exclusions” found in a contractor’s insurance policy can be critical. For example, some standard Commercial General Liability (CGL) policies exclude coverage for damages stemming from the insured’s errors or mistakes of a professional nature (e.g., damages which would likely be covered by an Errors & Omissions or other malpractice-type insurance policy). In addition, CGL policies typically exclude coverage for damage to “your work” or “your product.” If you find yourself in a complex construction dispute, make sure you have competent counsel analyzing relevant insurance coverage issues. Click here for more information regarding Goosmann Law Firm’s construction practice, email info@goosmannlaw.com or call 712.226.4000.