Nation's Building News Online

Plain Text Version (Click Here for Graphical Version)

Sponsored by Countrywide Home Loans National Builder Division

www.NAHB.org
Week of September 6, 2004

Front Page

* Latest NAFTA Ruling Could Sound the Death Knell for Tariffs on Canadian Timber
* In tecHOMExpo™ Address, Perot to Discuss Increasing Profits Through Technology
* NAHB Goes to New York to Promote Election-Year National Housing Agenda
* Housing Snapshot

President's Message

* Please Take the Time to Help Us Solve the GLI Crisis

Housing Forum

* Letter to the Editor: Housing Is a Plus for the Local Tax Base

Small Builders and Remodelers

* The Truth About Turnover: You Can Stop It From Bleeding Your Company Dry

Seniors Housing

* Universal Design Features: Perfectly Concealed
* Universal Design Solutions Focus on Safety, Lighting and Useability
* AARP Finds That Baby Boomers' Net Worth Has Increased
* Achieving Higher Fair Market Rents for Section 8 Assisted Living Examined at Fall Board

Multifamily

* Index Finds Rental Market Gaining Strength and Condos Remaining Strong

Sales and Marketing

* Power Selling Words: Words for the Wise and Successful

Workforce Housing

* Workforce Housing a Collaborative Effort in New Mexico

Smart Growth

* Helena, Montana, Embraces Proposed Smart Growth Project

Research

* Backup Sump Pumps Can Give Home Owners Peace of Mind

Green Building

* Entries Sought for National Green Building Awards

Legal Issues

* NAHB Fights to Keep CGL Coverage Less Restrictive

Labor

* Project TRADE to Provide Skills Training at Illinois Correctional Center

Building Products

* Double Oven Allows Simultaneous Preparation of Two Dishes at Different Temperatures

Building News Coast To Coast

Association News & Events

* September Is Associate Member Appreciation Month
* Award Provides Recognition for Community Service
* Save Up to 20% From Hertz, Get Fee Waived for #1 Club Gold®
* Awards Programs Deadlines
* Calendar of Events

NBN Back Issues

 

NAHB Fights to Keep CGL Coverage Less Restrictive

This article is part of a continuing series chronicling NAHB legal activities undertaken to protect the industry.

Some Insurers Are Trying to Eliminate Construction Defect Coverage

Adverse insurance market conditions have made liability coverage for builders less available, more expensive and more restrictive in terms of the coverage provided. What's more, some insurers are attempting to avoid insurance coverage in all construction defect cases by expanding their policy’s “occurrence” requirement.

One way builders try to protect themselves against construction defect claims is by purchasing comprehensive general liability (CGL) insurance. A builder’s CGL policy covers construction defects claims if the claim meets the requirements of the policy’s “insuring agreement” and if the claim does not fall within any of the policy’s several exclusions from coverage.


Sponsored by: Countrywide Home Loans

See how Countrywide can streamline the process for Condo/PUD Project Approvals to help get you results.
Learn how easy it can be to borrow money the smart way with Countrywide’s Home Equity Line of Credit.

Policy Exclusions Narrow Coverage But Still Protect Builders

While the insuring agreement initially provides broad coverage, policy exclusions — several of which apply specifically to the construction industry — narrow the coverage. Generally, the policy’s insuring agreement imposes three main requirements for coverage on builders:

  • The claim against the builder must be for damages because of “property damage.”
  • The property damage must take place while the policy is in effect.
  • The property damage must be caused by an “occurrence,” which is defined as “an accident, including continuous or repeated exposure to substantially the same general harmful conditions.”  To be caused by an “occurrence,” the property damage must be fortuitous, that is, neither expected nor intended by the insured party.

A standard CGL policy excludes from coverage certain losses that are viewed as “business risks.” The principal “business risk” exclusion is called the “your work” exclusion, which generally puts the cost of repairing the builder's work — where the work performed by the builder does not cause injury or damage to other property — on the builder rather than on the builder’s insurer.

Builders Are Covered for Subcontractors' Work, But Not Their Own

There is a significant exception to the "your work" exclusion that benefits builders. The "your work" exclusion does not apply — and the CGL policy provides coverage — if the construction defect was caused by a subcontractor.

The rationale for coverage of claims growing out of a subcontractor’s work is that the subcontractor’s performance is not within the builder’s effective control and, therefore, presents an insurable risk rather than a business risk.

Some Insurance Companies Are Trying to Eliminate Coverage of Work by Subcontractors 

A number of insurance companies, however, are seeking to eliminate from their insurance policies coverage for such property damage. They are denying coverage by arguing that property damage resulting from a construction defect can never be caused by an “occurrence” within the meaning of the policy’s insuring agreement.

The insurers are arguing that, as a matter of law, a builder expects or intends any property damage to the house resulting from a construction defect — and hence such damage can never result from an “occurrence” and can never be covered by insurance.

NAHB Is Challenging This Attempt to Eliminate Coverage

NAHB has filed amicus (friend of the court) briefs in several cases challenging the insurers’ rigid interpretation of the “occurrence” requirement on the grounds that it is overly broad and not supported by any language in the insurance policy.

In addition, the insurers’ position on the “occurrence” issue violates basic insurance principles by rendering meaningless the “your work” exclusion and by nullifying the exception in this exclusion for property damage caused by the work of subcontractors.

The attempt by insurers to avoid insurance coverage in all construction defect cases by expanding the policy’s “occurrence” requirement would disrupt the traditional relationship between builders and their insurers and deprive builders of valuable insurance for which they have paid substantial premiums.

If you are aware of an ongoing case with facts similar to those described above, and you think it might be of interest to NAHB, please contact NAHB’s Construction Liability & Legal Research Department at 800-368-5242 x8317.


[ Go to Top ]

Sponsored by: National Association of Home Builders

Register Now for The 2005 International Builders' Show!
Members Save at BuilderBooks.com
Learn More. Earn More. The NAHB University of Housing.
Reach 100,000+ Builders & Contractors

To unsubscribe or to manage your subscription, CLICK HERE

Nation's Building News Online is produced and distributed by the National Association of Home Builders