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Construction Insurance: Coverages and Disputes

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Construction Insurance: Coverages and Disputes focuses on the three most prevalent forms of insurance used in the construction field: the Comprehensive General Liability (CGL) policy, the builder's risk policy, and the architect/engineer's liability policy. Construction Insurance attempts to synthesize the wide-ranging decisions and statutes interpreting insurance policies used in the construction industry, acknowledging that the diversity among jurisdictions in the treatment of insurance contracts is an accepted part of the field. The chapters discussing the three major types of insurance policies used in the construction field are intended to provide a comprehensive survey of the principles and case law relating specifically to those policies.

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Table of Contents

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