Are courts narrowing access to coverage in the construction industry?

Over the last decade and a half, construction industry policyholders have struggled against multiple attempts to narrow access to additional insured coverage in standard form commercial general liability (CGL) policies.

Meanwhile, court decisions reflect that some courts are taking a more narrow view of the scope of “insured contract” coverage available to policyholders.

These two developments warrant caution for the construction industry, which depends on additional insured status and the ability to access insurance coverage for contractually assumed liabilities for damage, injury or harm to another person (tort liabilities) as standard risk-management practices.