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

Advocacy

Jul 24, 2026

Latest Tariff Actions Add Uncertainty to Housing Market

Recent tariff developments could create more uncertainty for home builders over building material supply chains and pricing.

Economics

Jul 24, 2026

New Home Sales Edge Higher as Affordability Challenges Persist

Sales of newly built single-family home rose 1.6% in June to a seasonally adjusted annual rate of 628,000, up from an upwardly revised May estimate, according to newly released data from the U.S. Department of Housing and Urban Development and the U.S. Census Bureau. The pace of new home sales is down 5.6% from a year earlier.

View all

Latest Economic News

Economics

Jul 24, 2026

New Home Sales Edge Higher as Affordability Challenges Persist

Affordability challenges continued to weigh on the new-home market in June, as elevated mortgage rates, rising inflation and broader economic uncertainty kept many prospective buyers on the sidelines.

Economics

Jul 23, 2026

Acquisitions Increasing Among Home Builders

At the start of 2026, most home builders predicted that high mortgage rates and hesitancy among buyers would be their toughest challenges this year. They weren’t wrong: the 30-year mortgage rate averaged 6.49% in June and housing demand has weakened, as reflected by flat mortgage applications in the first half of the year.

Economics

Jul 22, 2026

What Do Home Buyers Purchase After They Move In

Buying a home typically generates a wave of consumer spending beyond the purchase of the home itself. Following a home purchase, households often buy appliances and furnishings and undertake remodeling and repair projects to make the home fit their needs and preferences.