CGL Extends Coverage for Injury Arising from Defective Construction
National News May 28, 2008
Property damage resulting from defective construction is unquestionably excluded in the commercial general liability policy; but what about bodily injury? And is injury or damage caused by the ...
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Subject: RE: Case misstated. Ohio $4M was NOT for bodily injury from
Posted On: May 29, 2008, 7:27 am CDT
Posted By: Chris Boggs
Comment:
Dear Mrs. Kramer,
You need to go back and read the first commentary posted last week (5/20). I clearly stated that I had no information on the insurance policies or anything else related to this specific case. I simply used this case as a launching pad for the discussion on defective construction and mold claims.
Also, I wasn't using this to promote fear of anything - just to discuss CGL coverage as it relates to these "growing" issues (forgive the pun).
If you'll look at both articles, you will notice that I said nothing about any money being paid or awarded beyond reporting that a judge handed down a judgment. I didn't even talk about the specific suit at all - cause I didn't know and it wasn't relative to the point of the series.
The suit and the charges leveled in the case had nothing to do with the purpose of the article. The purpose was to discuss the potential for coverage, or the lack thereof for these types of claims.
Look at the first and second articles and wait for the third. Don't jump to conclusions about motive - what happened at this house happens all over the country every day and insurance professionals need to be able to understand and discuss the coverage implications of these potential claims.
Each case is different, this one just presented a lot of interesting elements that lead to a good discussion of coverage and what qualifies for coverage and what doesn't qualify under the CGL.
Just to make it clear - this series of articles has nothing to do with this specific case beyond using some of the elements of the defective construction techniques talked about.
Thank you for your detailed information, Breach of Contract suits lead to a whole different question we may talk about later. Now, tell me, how do you think CGL policies respond to Defective Construction and Mold claims in general, I'd like to know.
Subject: RE: Case misstated. Ohio $4M was NOT for bodily injury from
You need to go back and read the first commentary posted last week (5/20). I clearly stated that I had no information on the insurance policies or anything else related to this specific case. I simply used this case as a launching pad for the discussion on defective construction and mold claims.
Also, I wasn't using this to promote fear of anything - just to discuss CGL coverage as it relates to these "growing" issues (forgive the pun).
If you'll look at both articles, you will notice that I said nothing about any money being paid or awarded beyond reporting that a judge handed down a judgment. I didn't even talk about the specific suit at all - cause I didn't know and it wasn't relative to the point of the series.
The suit and the charges leveled in the case had nothing to do with the purpose of the article. The purpose was to discuss the potential for coverage, or the lack thereof for these types of claims.
Look at the first and second articles and wait for the third. Don't jump to conclusions about motive - what happened at this house happens all over the country every day and insurance professionals need to be able to understand and discuss the coverage implications of these potential claims.
Each case is different, this one just presented a lot of interesting elements that lead to a good discussion of coverage and what qualifies for coverage and what doesn't qualify under the CGL.
Just to make it clear - this series of articles has nothing to do with this specific case beyond using some of the elements of the defective construction techniques talked about.
Thank you for your detailed information, Breach of Contract suits lead to a whole different question we may talk about later. Now, tell me, how do you think CGL policies respond to Defective Construction and Mold claims in general, I'd like to know.