Construction Defect Liability Coverage

Lugenbuhl provides both counseling and litigation services throughout Louisiana and Texas to insurance companies seeking assistance with the complexities of construction defect coverage issues.

Specifically, Lugenbuhl is well-versed in the construction issues prevalent in claims and suits between owners, contractors, and subcontractors. Lugenbuhl’s knowledge and experience spans virtually all construction-related policies of insurance, such as commercial general liability policies, owner’s protective liability policies, and WRAPs. Additionally, Lugenbuhl is familiar with the nuances presented by Louisiana’s Direct Action Statute in connection with a construction-defect claim. Whether an insurance company client has a dispute surrounding an additional-insured dispute, a claim for coverage for contractual defense and indemnity, or other construction-related coverage issues, Lugenbuhl is well-positioned to provide an insurance company with a collection of insurance-coverage-related services such as:

  • Evaluating and litigating the insurer’s duty to defend
  • Preparing reservation-of-rights letters asserting applicable coverage defenses, policy exclusions, and endorsements
  • Investigating risk-transfer, drafting appropriate tender letters, and pursuing same in litigation
  • Identifying and litigating who is an insured or additional insured
  • Evaluating and litigating whether the actions complained of constitute an “occurrence”
  • Evaluating and litigating potential coverage for losses known to the insured or in progress at the time the policy goes into effect
  • Evaluating and litigating coverage for intentional torts or activities expected or intended to cause injury
  • Evaluating and litigating exclusions for coverage for pollution events and pollution cleanup costs
  • Evaluating and litigating exclusions for damage to property owned, rented or occupied by the insured
  • Evaluating and litigating exclusions for contractual liability assumed by the insured
  • Evaluating and litigating exclusions for damage to the insured’s own work or product
  • Evaluating and litigating exclusions for impaired property
  • Evaluating and litigating exclusions for injury arising out of asbestos, silica dust, mold, and other toxic substances
Key Contacts
Seth A. Schmeeckle

Seth A. Schmeeckle

New Orleans Office
Kristopher T. Wilson

Kristopher T. Wilson

New Orleans Office
Céleste D. Elliott

Céleste D. Elliott

New Orleans Office