Trinity Managers International, Inc. | 212.766.7000

 

This article from the law firm of Wade Clark Mulcahy is important as it not only discusses an affirmation of coverage for faulty work under a CGL policy but inversely also illustrates why Contractors need to consider augmenting their insurance programs with a properly constituted Contractor’s Professional Liability policy:
 
•  It’s an appellate level decision from the U.S. Court of Appeals for the 10th Circuit interpreting that the NY Court of Appeals (highest court) would decide that faulty sub-contractor work can constitute an occurrence.

•  Questions:  But what if such faulty work:
 
- does not constitute an occurrence under a CGL policy, i.e. there is no property damage; or if there is property damage, coverage is negated by operation of one or more exclusions?
 
- was self-performed by the Named Insured and not a sub-contractor?
 
•  Answer:  Not covered.  Again, Contractors must be informed that they cannot solely rely on a CGL policy but must also consider a properly constituted Professional Liability policy.  
 
We here at Trinity know how to put such a policy together.  
 
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