Only Two Weeks Left
 
Take the Industry Pulse Check Today. Learn more
 

Answering CGL Coverage Denials in Construction Defect Lawsuits

Legal
Published

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.

Subscribe to NAHBNow

Log in or create account to subscribe to notifications of new posts.

Log in to subscribe

Latest from NAHBNow

Safety

Jun 03, 2026

Top OSHA Violations of 2025; No Increase in Penalties for 2026

In 2025, improper fall protection was once again the most-cited violation of OSHA jobsite rules. A failure to protect against falls also featured prominently in three other violations in the top 10.

Workforce Development

Jun 03, 2026

Public and Private Partnerships Jumpstart Hawai’i Workforce Programs

Supported by government, community and private partners, the Building Industry Association of Hawai'i will soon lead its 10th workforce development training cohort to prepare individuals for careers in the local residential construction industry.

View all

Latest Economic News

Economics

Jun 03, 2026

House Price Appreciation by State and Metro Area in the First Quarter of 2026

U.S. house prices continued to rise in the first quarter of 2026, but appreciation slowed markedly from the rapid pace seen during the pandemic-era housing boom.

Economics

Jun 03, 2026

State-Level Employment Situation: April 2026

State labor market conditions remained generally positive in April, with most states recording employment gains despite signs of moderating national job growth.

Economics

Jun 02, 2026

Slight Increase for Construction Job Openings

The number of open positions in the construction sector edged higher in April, per the Bureau of Labor Statistics Job Openings and Labor Turnover Survey (JOLTS).