Does Builders Risk Cover Negligence?

Sometimes—negligence does not automatically decide a builders risk claim; coverage depends on the damaged property, cause, insured interests, and exclusions.

Third-party injury or damage may involve general liability instead. The ISO specimen excludes certain defective work and materials, while liability for injury or damage to someone else is a separate exposure generally addressed by general liability insurance. Negligence by an owner, contractor, or subcontractor does not by itself answer whether a property claim is covered. Identify the damaged property, alleged cause, policy insureds, and exclusions. Check the general liability contract separately for third-party claims and do not assume a certificate changes either policy. For injuries to workers, workers compensation may be the first policy to examine; for claims by other people, commercial general liability may apply. Neither category decides whether damage to the construction project is covered under builders risk. Identify the claimant, injured or damaged property, responsible party, and insuring interest, then review each relevant policy rather than treating negligence as a peril.

Sources

3 documents, numbered as cited.

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