You Can Run But You Can’t Hide: Overcoming Evasive Actions By Insurers in Construction Defect Claims

Sometimes it seems insurers will do anything to avoid paying a claim. This is especially true in construction defect claims. Although insuring agreements in commercial general liability (CGL) policies state that the insurer will pay all sums the policyholder is liable to pay because of property damage caused by an occurrence, insurers qualify this promise with numerous policy exclusions meant to eliminate coverage. And sometimes during the claim-handling process, insurers engage in tactics that appear calculated to obstruct the insured’s ability to enforce its right to coverage.