Construction Builders Risk and CGL Insurance:
Scope of Coverage, Covered Losses, Exclusions, AI Endorsements
Mitigating Construction-Related Disputes; Key Challenges for Claims Under Builders Risk vs. CGL Coverage
Michael V. Pepe, SDV
Patrick J. Wielinski, Cokinos | Young
Christopher Yetka, Larkin Hoffman Daly & Lindgren
January 10, 2023, 1:00pm-2:30pm EST
This CLE course will provide counsel for construction contractors and developers with an analysis of evolving coverage issues in builder's risk and CGL insurance for construction projects. The panel will discuss how these policies work to mitigate developer and contractor risks, the use of additional insured endorsements, problematic coverage issues, and potential pitfalls for the unwary.
Construction projects are always at risk for economic losses from unanticipated property damage, additional soft costs, and revenue loss that result in unbudgeted costs that can threaten project completion. Builders risk coverage is a crucial risk mitigation measure for building contractors and developers, as is adequate liability coverage through CGL policies and wrap ups.
Counsel to builders and developers must consider are who is covered, what property is covered, what limits and sublimits apply, and when/how coverage applies. Because builders risk policies are not standardized, coverage varies dramatically between insurers. Coverage disputes often arise over the types of costs recoverable, calculation of economic damages, and the coverage exclusions and exceptions.
For liability disputes, CGL coverage must be adequately placed to cover construction risks during the course of construction as well as after. Typical issues include who is covered, the scope of coverage, and exclusions and conditions that apply.
Counsel often must also navigate the interplay between builders risk policies, CGL policies, including wrap policies, and professional liability policies. These issues are influenced by the language of the policies and the parties’ contractual obligations to each other. Attention to the details is necessary to ensure coverage is triggered when necessary.
Listen as our authoritative panel guides you through the characteristics of builders risk and CGL insurance policies and how these policies are used to mitigate developer and contractor risks.
I.Builders risk policies
A. Contractual requirements
B. Scope of coverage
C. Troublesome exclusions and conditions
D. Common issues and practice pointers
II. CGL policies
A. Scope of coverage
B. Exclusions and exceptions to exclusions
C. Costs recoverable
III. Wrap policies
IV. Additional insured endorsements
The panel will review these and other key issues:
- What are the critical challenges for claims under builders risk vs. CGL policies?
- What does a typical builders risk policy cover?
- What are the standard exclusions and exceptions in builders risk policies?
- What occurrences do most CGL policies cover?
- What are the standard exclusions and exceptions in CGL policies?
- Can a general contractor or developer rely upon additional insured coverage to cover its risk exposure?
Click here to learn more and register today.