If you have a commercial general liability policy that is subject to South Dakota law, damages resulting from faulty workmanship constitute an “occurrence” under your policy. In a pro-policyholder decision out of South Dakota, the court in Owners Ins. Co. v. Tibke Construction, Inc. held that damages caused by a subcontractor’s failure to test soil compaction before constructing a home constituted an “occurrence” under a commercial general liability policy. This decision is yet another example of the Supreme Court of South Dakota holding that faulty workmanship constitutes an “occurrence” under a commercial general liability policy, and should be beneficial for policyholders in similar situations.
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Sep 07, 2017
Samantha M. Martino