As we announced in our previous blog post, yesterday’s decision by the NJ Supreme Court was a significant win for policyholders.
LAW360.com reported this morning on the case, and spoke to SDV partner Greg Podolak about the decision…
Saxe Doernberger & Vita PC partner Greg Podolak, who represented Turner Construction Co. as an amicus in the case, pointed out that the New Jersey Supreme Court looked to the intent behind Insurance Services Office’s addition of the subcontractor exception in the 1986 CGL form in distinguishing the case from Weedo and ruling that the “your work” exclusion doesn’t apply. According to the opinion, ISO stated in a pamphlet circulated in 1986 that the revision specifically provided for coverage for damage caused by a subcontractor’s work after a project is completed.
“Sometimes the practical nature of how these things work is overshadowed by other issues,” Podolak said. “The court said it understood the evolution of the policy language and made sure its ultimate conclusion aligned with the intended result under that language. That’s a really significant message that the court is sending.”
Aug 05, 2016
Gregory D. Podolak