Construction Insurance: Coverages and Disputes

CHAPTER 1 PROCUREMENT OF INSURANCE POLICIES
§ 1.01 Types of Coverages and Policies
§ 1.02 Agreements to Procure Insurance
§ 1.03 Agent as the Agent of the Insured
§ 1.04 Agent as the Agent of the Insurer
§ 1.05 Offer, Acceptance, and Contract Formation
§ 1.06 Binders
§ 1.07 Estoppel/Waiver

CHAPTER 2 RULES OF CONSTRUCTION AND INTERPRETATION
§ 2.01 Introduction
§ 2.02 Issues of Fact vs. Questions of Law
§ 2.03 Existence of Ambiguity
§ 2.04 Choice of Law
§ 2.05 Rules of Construction/Rules of Interpretation

CHAPTER 3 DUTIES OF THE INSURED
§ 3.01 Duties of the Insured Generally
§ 3.02 Duty to Provide Truthful and Accurate Information in Application for Insurance
§ 3.03 Duty to Pay the Premiums
§ 3.04 Duty to Read and Familiarize Itself with the Terms of the Policy
§ 3.05 Duty to Provide Timely Notice of Loss or Claim
§ 3.06 Duty to Cooperate in the Investigation and Litigation of Loss or Claim
§ 3.07 Duty to Safeguard Property from Damage
§ 3.08 Waiver of Subrogation Rights—Builder's Risk Policies

CHAPTER 4 DUTIES OF THE INSURER
§ 4.01 Duties of the Insurer Generally
§ 4.02 Duty of Liability Insurer to Defend
§ 4.03 Duty to Indemnify the Insured
§ 4.04 Liability of Insurer for Breach of Its Duty of Good Faith
§ 4.05 First-Party Insurer's Duty of Good Faith

CHAPTER 5 LIABILITY INSURANCE
§ 5.01 Introduction
§ 5.02 Overview of the Case Law
§ 5.03 Property Damage Definition
§ 5.04 Occurrence
§ 5.05 Contract Liability Exclusion
§ 5.06 Business Risk Exclusions
§ 5.07 Product Exclusion
§ 5.08 Work Exclusion
§ 5.09 Component Part Distinction for Product and Work Exclusions
§ 5.10 Care, Custody and Control Exclusion
§ 5.11 Broad Form Endorsement Under Pre-1986 Policy Forms
§ 5.12 Sistership Exclusion
§ 5.13 Joint Venture Exclusion
§ 5.14 Pollution Exclusion
§ 5.15 Completed Operations and Products Hazards

CHAPTER 6 BUILDER'S RISK COVERAGE
§ 6.01 Differences in Builder’s Risk Policy Forms
§ 6.02 All Risk Policy Forms
§ 6.03 Changes in All Risk Policy Forms
§ 6.04 Burden of Proof Differences Between All Risk and Named Peril Policies
§ 6.05 Implied All Risk Defenses
§ 6.06 Defective Workmanship/Construction Exclusions
§ 6.07 Defective Design Exclusions
§ 6.08 Latent Defect or Inherent Vice Exclusions
§ 6.09 Earth Movement Exclusions
§ 6.10 Exceptions Within Exclusions
§ 6.11 Causation Problems
§ 6.12 Named-Perils Issues
§ 6.13 Installation Floater Issues
§ 6.14 Recoverable Costs
§ 6.15 Sue and Labor Clauses
§ 6.16 Termination of Coverage
§ 6.17 Additional Covered Property
§ 6.18 Statutory Fire Policy Issues
§ 6.19 Reporting Requirements

CHAPTER 7 ARCHITECT/ENGINEER'S LIABILITY POLICY
§ 7.01 General Nature and Character of Architect/Engineer Liability
§ 7.02 Insurance Coverage for Architect/Engineer Liability Under the CGL Policy
§ 7.03 CGL Exclusion for Professional Services
§ 7.04 Allegations of Architect/Engineer Negligence Falling Within CGL
§ 7.05 Insurance Coverage for Architect/Engineer Liability Under the Professional E/O Policy
§ 7.06 Claims-Made Character of Architect/Engineer Liability Coverage
§ 7.07 Duty of the Insured to Notify the Insurer of Claims Under a Claims-Made Policy
§ 7.08 Coverage for Professional Services
§ 7.09 Exclusions Under the Architect/Engineer Liability Policy
§ 7.10 Exclusion for Costs Estimates or Guarantees
§ 7.11 Exclusion for Surveys on Subsurface Conditions
§ 7.12 Exclusion for Intentional Misconduct of the Insured
§ 7.13 Pollution Exclusion
§ 7.14 Failures Regarding Requirements for Insurance, Suretyship, or Bonds
§ 7.15 Exclusion Pertaining to Computer Software and Hardware
§ 7.16 Asbestos Exclusion
§ 7.17 Design/Build Insurance

CHAPTER 8 EXCESS INSURANCE, REINSURANCE, AND WRAP-UP COVERAGE
§ 8.01 Excess Insurance
§ 8.02 Duty of the Excess Insurer to Drop Down
§ 8.03 Other Insurance Excess Provisions
§ 8.04 Primary Insurer's Duty of Good Faith to the Excess Insurer
§ 8.05 Duty of Excess Insurer to Participate in Settlement
§ 8.06 Reinsurance
§ 8.07 Reinsurers Duty to Notify Reinsurer of Claim or Loss
§ 8.08 Reinsured's Duty of Good Faith to Reinsurer
§ 8.09 Reinsurer's Duty to Indemnify the Reinsured
§ 8.10 Wrap-up and Other Coordinated Insurance Programs

CHAPTER 9 DISCOVERY ISSUES, INCLUDING THE ATTORNEY-CLIENT AND WORK PRODUCT PRIVILEGES IN THE CONTEXT OF INSURANCE COVERAGE DISPUTES
§ 9.01 Discovery of Insurance Policies and Related Documents
§ 9.02 Common Discovery Issues
§ 9.03 The Use of Experts in Insurance Litigation
§ 9.04 Attorney/Client Privilege
§ 9.05 Work Product Doctrine

TABLE OF CASES
INDEX