Construction Defect Claims as Occurrences: Part III
The Journal of Insurance and Indemnity Law - Vol .5 No.2
2 Pages Posted: 27 Apr 2012
Date Written: April 9 2012
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."
Keywords: Insurance, Construction Defects, CGL Policy, Occurrences
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