What America Can Learn from Canada's Progressive Decision in Commercial General Liability Policy Coverage Litigation over Construction Defects

Authors

• Qifu Li, Benjamin N. Cardozo School of Law

Abstract

The note advocates for a more consistent approach in the United States for determining Commercial General Liability (CGL) insurance coverage of construction defects, drawing inspiration from Canada's jurisprudence. It critiques the current jurisdictional split in the U.S., where some states cover such defects while others do not, and argues that adopting a uniform approach similar to Canada's three-step framework would reduce legal disputes and align policies with the reasonable expectations of insured parties.

Disciplines

Consumer Protection Law | Contracts | Housing Law | Insurance Law | Law

Recommended Citation

Qifu Li, What America Can Learn from Canada's Progressive Decision in Commercial General Liability Policy Coverage Litigation over Construction Defects, 23 Cardozo J. Int'l & Comp. L. 165 (2014).
Available at: https://larc.cardozo.yu.edu/cjicl/vol23/iss1/7