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

Trends

Feb 25, 2026

Is the Decline in Young Adult-Led Households a Cyclical Slip or the New Normal?

The headship rates among young adults — the share of adults ages 25-34 heading their own households — declined in 2024 to 43.7% after a post-pandemic jump. Are cyclical factors causing household rates to fluctuate, or is the data pointing to a new long-term trend?

Legal | Legal Action Committee

Feb 25, 2026

NAHB Legal Action Fund Awards $125,000 in Legal Support at IBS

At its recent meeting at the 2026 International Builders’ Show in Orlando, the NAHB Legal Action Committee reviewed requests for Legal Action Fund assistance and recommended a total of $125,000 in legal grants which was approved by the NAHB Board of Directors.

View all

Latest Economic News

Economics

Feb 25, 2026

Housing’s Share of GDP Declined Further at the End of 2025

Housing’s share of the economy was 16.0% in the fourth quarter of 2025, according to the latest estimates of GDP produced by the Bureau of Economic Analysis. This share is down from 16.1% in the third quarter and is also lower than 16.3% as registered just one year ago.

Economics

Feb 24, 2026

Young Adult Headship Rates in 2024: Cyclical Slip or New Equilibrium?

Reversing the post-pandemic rebound, the headship rates among young adults (the share of the population heading their own households) declined in 2024, according to NAHB’s analysis of the American Community Survey (ACS) data.

Economics

Feb 23, 2026

A 25-Basis-Point Decline in the Mortgage Rate Prices-In 1.42 Million Households

Housing affordability remains a critical challenge nationwide, and mortgage rates continue to play a central role in shaping homebuying power. Although rates have declined from the recent peak of about 7.6% in 2023 to around 6.01% as of February 19,2026, they remain elevated relative to typical levels in the 2010s.