Help Shape What’s Next for NAHB
 
Take the Industry Pulse Check. 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

Codes and Standards

May 12, 2026

Talk to Your Local Code Officials as They Vote on Building Codes

Local code officials this week began voting on proposed changes to building codes. NAHB is asking members to share home builder positions on proposed changes with code officials.

Sustainability and Green Building

May 12, 2026

3 Reasons to Build to the National Green Building Standard

The new edition of the National Green Building Standard focuses on building for the future by addressing these real-world challenges through sustainable building practices. Here are three benefits to building your next residential project to the NGBS.

View all

Latest Economic News

Economics

May 12, 2026

Inflation Outpaced Wage Growth in April

Inflation accelerated to a nearly three-year high in April, driven by continued increases in energy costs from the Iran war. Energy costs drove more than 40% of the monthly increase, with national gasoline prices soaring above $4.50 in early May for the first time since July 2022.

Economics

May 12, 2026

Consumer Credit Accelerated in Q1 2026

In the first quarter of 2026, consumer credit grew at a slightly faster pace than in years prior amid positive yet sluggish economic growth and rising inflation pressure. According to the Federal Reserve’s G.19 Consumer Credit Report, total outstanding U.S. consumer credit reached $5.14 trillion in the first quarter of 2026.

Economics

May 11, 2026

Existing Home Sales Edged Up Slightly in April

Existing home sales edged up in April after reaching a nine-month low in March, but sales remained at historically low levels. Elevated mortgage rates and reignited inflation driven by the Iran war continued to weigh on affordability as economic uncertainty pushed up long-term rates, while rising energy costs strained household budgets.