July 2013

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In an opinion last week that could have far reaching ramifications in the construction industry in the insurance coverage context, the Supreme Court of Georgia ruled that an “occurrence” under a standard Commercial General Liability (CGL) policy may be based on a breach of warranty claim and does not require damage to work or property of someone other than the insured. This holding removes one commonly used rationale for insurers to deny coverage in the construction context based on lack of an “occurrence”, although insurers may still be able to deny coverage for other reasons.  The case is styled Taylor Morrison Services, Inc. v. HDI-Gerling American Insurance Company. (more…)