Construction Defect Claims as Occurrences: Part III

Abstract:     
This article must be read in conjunction with Construction Defect Claims as Occurrences: Part I and Construction Defect Claims as Occurrences: Part II posted herein on 5-13-11 and 8-23-11 respectively.

This article explains the nascent majority view that Construction Defects constitute "occurrences" with the Supreme Courts of Indiana, Wisconsin, Minnesota, Kansas, Tennessee, South Dakota, Mississippi, Georgia, Alaska, South Carolina, Texas and Florida.

The supreme courts above have adopted the "subjective test" by applying the definition of "occurrence" to the facts of the case in reaching their conclusions.

Moreover, Colorado, Arkansas, Hawaii and South Carolina have passed statutes that essentially mandate that construction defects are "occurrences."

Number of Pages in PDF File: 2

Keywords: Insurance, Construction Defects, CGL Policy, Occurrences

Accepted Paper Series