Pitching wrong argument for construction defects

Insurance Matters

By Don R. Sampen

Don R. Sampen is a member of the appellate practice group of Clausen, Miller P.C., where he focuses on appellate, commercial and insurance-related litigation. He also teaches insurance law at Loyola University Chicago School of Law. His column appears twice monthly.

Posted August 23, 2016 1:09 PM

The 1st District Appellate Court recently held that a condominium association’s claims against the condominium developer for construction defects did not amount to an occurrence or property damage, and therefore, were not covered under a commercial general liability policy.The insurer in Westfield Insurance Co. v. West Van Buren LLC, 2016 IL App (1st) 140862 (July 20, 2016), was represented by Lindsay, Rappaport & Postel LLC. Faegre, Baker, Daniels LLP represented the developer, West Van Buren.The developer …

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