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Expert Analysis

W.Va.'s Take On Scope of CGL In Defective Construction

Law360, New York ( July 16, 2013, 12:30 PM EDT) -- The debate over whether, and to what extent, commercial general liability policies cover construction defects has been raging in state and federal courts for many years. Some courts have held that defective workmanship cannot constitute an "occurrence" and therefore is not covered under standard-form CGL policies. As one court explained, "the definition of 'accident' required to establish an 'occurrence' under the [CGL] policies cannot be satisfied by claims based upon faulty workmanship." Kvaerner Metals v. Commercial Union Ins. Co., 589 Pa. 317, 335, 908 A.2d 888, 899 (2006)....

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