American Bar Association Construction Insurance: A Guide for Attorneys and Other Professionals, Second Edition

Construction Insurance, Second Edition is a comprehensive, practice-oriented reference that demystifies insurance coverage issues in the construction industry. Designed for attorneys, insurance professionals, risk managers, and construction stakeholders, the guide delivers actionable insights and deep legal analysis across the full spectrum of construction insurance. This revised edition introduces significant updates to each chapter, ensuring that readers have the most up-to-date case law and industry trends at the ready. For example, Chapter 2 refines the guidance on insurance clauses in construction contracts, highlighting practical consequences of boilerplate provisions and providing new analysis of the evolving roles of brokers and attorneys in insurance procurement. It also examines how contract terms - such as subrogation waivers and indemnity obligations -interact with enforceability and coverage under modern policy forms. Chapter 3 covers commercial general liability, which is an insurance coverage commonly invoked in construction industry disputes. The updated chapter provides the latest guidance of oft-litigated issues involving typical business risk exclusions, the scope of coverage for delay and other economic damages, and what constitutes an ?occurrence? with respect to construction defects in various jurisdictions. Chapter 5 delves into indemnity provisions and additional insured coverage, clarifying current statutory anti-indemnity limitations across jurisdictions and exploring recent litigation trends in performance bond enforcement. The chapter also provides detailed comparisons of ?limited,? ?intermediate,? and ?broad? form indemnity and their insurability under ISO-based CGL policies. Chapter 7 tackles the complex issue of pollution liability and addresses several recent and trending topics in environmental risk, including communicable disease in the wake of the COVID-19 pandemic and per- and polyfluoroalkyl substances (PFAS). With each chapter updated for relevance and clarity, this edition remains an indispensable guide for construction professionals navigating the ever-evolving intersection of construction law, risk, and insurance.