I will leave this to Tred to expound upon at insurance law blog but wanted to note a new case from North Dakota, K & L Homes v. Am. Family Mut. Ins. Co., 2013 ND 57; 2013 N.D. LEXIS 61, April 5, 2013. Link to the case here. Briefly, court was asked to consider whether an inadvertent construction defect could constitute an occurrence under North Dakota insurance law. Answering in the affirmative, the court noted
"Currently, the majority of state supreme courts who have decided the issue of whether inadvertent faulty workmanship is an accidental "occurrence" potentially covered under the CGL policy have decided that it can be an "occurrence."
This observation is directly at odds with the Group Builders decision which has been a consistent source of woe and ire within the local construction industry, and has yet to be addressed by Hawaii's Supreme Court.
