A home builder is not covered under the property damage coverage in its commercial liability policy for construction defects for which it was responsible.
A three-judge panel of the Massachusetts Appeals Court has held for the first time that “construction defects, standing alone, do not constitute property damage within the meaning of a commercial general liability policy.”
The question before the appellate court justices was whether the costs of repairing or removing construction defects constitute “damages because of property damage” within the meaning of a commercial general liability policy.
In a