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There’s been plenty of litigation over whether construction defect claims qualify for coverage under a CGL policy. This month, we discuss two federal circuit court rulings (First and Seventh Circuits) that reach opposite conclusions. The divergence, however, lies not on whether faulty workmanship is an “occurrence,” but whether the business risk exclusions apply. Waiver factored into the Seventh Circuit’s decision, which explains why the rulings differed....
By: Rivkin Radler LLP