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Defective Construction may not be an “Occurrence” in Delaware

A recent Delaware Superior Court decision held that defective construction does not constitute an “occurrence” for purposes of commercial general liability coverage. Although the Delaware Supreme Court has not yet addressed this issue, this decision continues a trend of finding that faulty workmanship does not constitute an accidental occurrence in Delaware lower and federal courts. In comparison, many other states have held that defective construction does constitute an “occurrence,” making choice of law an important issue for CGL policyholders.

Read more here from Law360: Westfield Off Hook For Covering Faulty Construction Suit

Click here to review the case

Click here to review SDV’s State by State Survey regarding Defective Construction as an “Occurrence”

Apr 02, 2015
Bethany L. Barrese

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