What You need to Know About Occurrences under CGL Policies An “occurrence” under a standard commercial general liability (CGL) policy is “an accident, including continuous or repeated exposure to substantially the same general harmful conditions.” A construction defect claim may therefore involve more than one occurrence during a single policy period or during multiple policy...Read More

The Different Florida CGL Policy Triggers An insurer’s obligations under a commercial general liability policy (which is typically an “occurrence” based policy) is “triggered” depending on whether the damage occurred during the policy period. Different jurisdictions—including whether the case is in state or federal court—follow different trigger theories. Knowing which trigger applies is essential to...Read More

Coverage under CGL Policies No matter how strong a case is, if the defendant is not collectible, finding coverage under applicable insurance policies is critical to ensure that a plaintiff will be able to recover for its losses. The best case is worthless to a client if there is no reasonable expectation of recovery after...Read More

All About Florida Construction Mediation Preparation Not unlike preparing a closing argument at the beginning of a case to determine how a case will be developed through trial, working backwards from the mediation will maximize the chances of success. Starting with the statutory 558 process,[1] a Claimant (or recipient of a 558 notice) should ensure...Read More

By:  Gary L. Brown, Esq.  The seeds of success (or failure) of construction mediation are planted long before the mediation. Mediation of construction disputes presents many unique challenges. Construction cases, particularly ones in involving construction defects, are usually document intensive and involve multiple parties. Sufficient development of the facts and having the right parties (including...Read More