Pat Wielinski and the Cokinos | Young Insurance Coverage Group have recently filed an amici curiae brief on behalf of Associated General Contractors of America, National Association of Home Builders, and three of their local Florida chapters in Case No. 23-12715-F, Liberty Surplus Insurance Corporation v. Kaufman Lynn, Inc. before the United States Court of Appeals for the Eleventh Circuit. The brief was filed in support of Kaufman Lynn Construction, a general contractor, and addressed a troublesome issue as to the interaction of a course of construction exclusion and the extended completed operations coverage frequently found in controlled insurance programs (wrap-ups). These programs insure all participants on large construction projects. In this case, the district court declined to find a completed and occupied phase in an office project to be “completed,” thus denying coverage for property damage to the insured participants that were insured under the wrap-up’s commercial general liability policy. The brief argued that standard notions of completion within the construction industry and the insurance policy itself rendered each phase “completed” upon occupancy and issuance of a certificate of substantial completion. If you have any questions, please feel free to contact Pat at firstname.lastname@example.org. A copy of the brief can be found below.
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