Answering CGL Coverage Denials in Construction Defect Lawsuits
The following was excerpted from an article provided by Carson Law Group, PLLC, a law firm based in Jackson, Miss., with a construction and commercial litigation and transactional practice.
One of the risks faced by a home builder is that, following completion of construction, the homeowner may assert a claim against the builder for damage to the home caused by an alleged construction defect. One of the ways a builder manages the risk of such construction defect claims is by purchasing commercial general liability (CGL) insurance.
A builder’s CGL policy covers what the builder is legally obligated to pay as damages due to bodily injury or property damage caused by an “occurrence,” that is, damage that is accidental rather than being expected or intended by the builder, so long as the claim does not fall within any of the policy’s several “exclusions” from coverage.
When faced with a construction defect lawsuit, our builder clients are often surprised and dismayed when their CGL insurer denies coverage and refuses to defend the builder.
But builders shouldn’t take their insurer’s denial of coverage at face value.
Whether coverage exists always depends on the specific language of the particular CGL policy, and courts generally construe exclusions against insurers. This allows experienced coverage attorneys to, at times, successfully challenge declinations of coverage and, at a minimum, convince insurers to pay for the builder’s defense.
We recently discovered a new argument involving a home builder’s Insurance Services Office (ISO) classification that has been a game-changer for our builder clients who were denied coverage in construction defect cases.
Read about it in the full article.
Latest from NAHBNow
Jun 30, 2026
NAHB Welcomes First Cohort of New Master Credential HoldersAs of June 25, 62 industry leaders hold the new title of Certified Master Builder or Remodeler, and the numbers continue to grow weekly.
Jun 29, 2026
Use NAHB Resources to Protect Workers from Heat and UV ExposureAs NAHB recognizes UV Safety Awareness Month in July, it is important for home builders and general contractors to educate workers about the potential risks associated with ultraviolet (UV) radiation and have plans and resources in place to keep them safe on the jobsite.
Latest Economic News
Jun 30, 2026
Consumer Confidence Inched Up in JuneConsumer confidence inched up in June due to improved views of business conditions and recent declines in oil prices easing inflation fears.
Jun 30, 2026
Construction Job Openings IncreaseThe number of open positions in the construction sector increased in May, per the Bureau of Labor Statistics Job Openings and Labor Turnover Survey (JOLTS). The current level of open jobs is down measurably from three years ago due to declines in construction activity, particularly in housing.
Jun 26, 2026
Property Tax Revenue Leads State and Local Tax Growth in Q1 2026Property tax revenue collected by state and local governments was higher in the first quarter of 2026 according to the Census Bureau’s quarterly summary of state and local tax revenue.