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
Jul 15, 2026
One-Story Homes Becoming More Popular in New BuildsOver half of new single-family homes built in 2025 were two or more stories. But the share of homes started with two or more stories fell in 2025, reflecting increased building activity in regions that prefer single-story homes.
Jul 14, 2026
Get Big Summer Discounts on NAHB BuilderBooks' Top TitlesLooking for the best residential construction books to read in 2026? NAHB BuilderBooks titles offer practical insights you can put to work immediately.
Latest Economic News
Jul 15, 2026
Building Material Prices Continue to Rise Despite Energy Price DeclinesResidential building material prices, excluding energy, rose 0.5% in June and were up 4.6% from a year ago. Lower energy prices were apparent in June, as energy input prices fell 10.3% over the month. Meanwhile, prices for services rose 5.2% over the year, and were up 1.0% from the previous month.
Jul 15, 2026
Single-Family Permitting Continued to Weaken Through MayState-level permitting activity continued to reflect a divided housing market through the first five months of 2026. Elevated mortgage rates and ongoing affordability challenges continued to weigh on single-family construction across much of the country, while multifamily permitting remained comparatively stronger, supported by gains in several regions despite continued weakness in parts of the South.
Jul 14, 2026
Inflation Cooled in June as Gas Prices EasedInflation slowed to 3.5% in June from a three-year high last month, driven by a mid-June ceasefire agreement that stabilized oil markets and lowered energy prices.