Arent Fox’s Elliott Kroll, a partner in the firm’s insurance practice in New York, was featured in the February edition of Bloomberg Law Reports — Commercial Insurance. Elliott was interviewed for the Bloomberg Law “Q&A” feature in which leading insurance coverage practitioners are asked three questions related to coverage for construction defect claims.

This month, Bloomberg Law asked:

• What do you think of new state laws that require commercial general liability (CGL) policies’ definition of “occurrence” to include faulty workmanship?
• Is there a trend developing away from the majority view that faulty workmanship does not constitute an “occurrence” under the GCL policy? If so, why or why not?
• Many courts have issued coverage decisions in the wake of swimming pool losses after a pool repair company drains the pool and hydrostatic pressure causes the pool to “pop.” Courts have held that CGL policies exclude damage to the pool under the “your work” exclusion (That portion of the property you are working on). Courts have also held that damage to the pool is not covered under a homeowner’s policy (no coverage for pavements, pools, foundations, etc). Is this type of loss uninsurable?

To read Elliott’s responses to these questions as they appear beginning on page 24 of this month’s Bloomberg Law Reports — Commercial Insurance, please click here.

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