New Jersey 2024-2025 Regular Session

New Jersey Assembly Bill A2917

Introduced
1/9/24  

Caption

Requires that definition of occurrence in certain property damage liability insurance policies include coverage for faulty workmanship.

Impact

The implementation of A2917 is expected to have significant implications for contractors and construction professionals across New Jersey. By mandating that faulty workmanship be recognized under the definition of occurrence, the bill is likely to facilitate a more straightforward claims process for parties affected by construction-related damages. Currently, covered damages can sometimes be subject to legal interpretation, which may delay or complicate the claims experience for policyholders. This legislation will help mitigate such uncertainties, leading to improved industry practices.

Summary

Assembly Bill A2917 requires that all commercial liability insurance policies issued, executed, or renewed in New Jersey must include a definition of 'occurrence' that explicitly covers damages arising from faulty workmanship. This change aims to provide more clarity and certainty within the insurance industry regarding coverage provisions that have been inconsistent in court rulings over the years. By addressing both accidents and faulty workmanship within the definition, the bill seeks to eliminate ambiguity regarding whether certain damages constitute a covered occurrence under the policy.

Contention

While the bill may resolve many issues related to insurance coverage and claims processing, it is not without its critics. Some insurers may express concerns regarding the potential increase in claims as a result of the broader coverage definition, and there could be hesitation around the possible implications for insurance premiums. Moreover, the bill explicitly states that it does not limit the nature or types of exclusions insurers may include in their policies, which may raise questions about the balance of coverage and risk-sharing between insurers and insured parties.

Companion Bills

NJ A1075

Carry Over Requires that definition of occurrence in certain property damage liability insurance policies include coverage for faulty workmanship.

Similar Bills

NJ A1075

Requires that definition of occurrence in certain property damage liability insurance policies include coverage for faulty workmanship.

LA HCR111

Authorizes and directs the Louisiana State Licensing Board for Contractors to provide recommendations with respect to whether contractors' insurance policies should insure claims against contractors' workmanship

LA HSR5

Requests a study relative to contractors' insurance policies and whether such policies should insure claims against contractors' workmanship

TX HB3847

Relating to certain construction defect litigation.

NJ S2627

Limits home improvement contractor from entering into contract with full indemnification provision.

NJ S4172

Limits home improvement contractor from entering into contract with full indemnification provision.

TX HB2310

Relating to certain construction defect litigation.

NJ A3961

Limits home improvement contractor from entering into contract with full indemnification provision.