Trigger of Coverage for Construction Defects and Non-latent Injury and Damage Claims State Law Survey


Summary

This survey addresses state law on trigger of coverage for claims for construction defects, random scenarios in which efforts have been made by policyholders to establish that more than one general liability policy is obligated to provide coverage for ongoing, but unknown, bodily injury or property damage, and bodily injury or property damage taking place at a time that the insurer maintains there was no policy in place. The survey covers all 50 U.S. states and the District of Columbia. In reviewing trigger of coverage in this context, reference should be made to the relevant state's treatment of trigger of coverage for toxic tort and environmental property damage cases, as when a court is confronted with a trigger argument in a less traditional context, it will look for guidance from traditional claims.