Jenner & Block

Insurance Law Update Resource Center

As a service to Jenner & Block's clients and the greater legal community, the firm's Insurance Recovery and Counseling practice maintains online resource centers that offer the latest case law and other developments.

Jenner & Block will update this web page with new developments and items of interest as they become available.

Court Says 'Continuous Trigger' Rule Applies to Construction Defect

While the “continuous trigger” rule has most frequently been applied to long-tail liability claims involving bodily injury or property damage in the environmental context, it may also be applied more broadly to certain types of construction defect claims.  Where there is injury or damage resulting in a loss that is cumulative and occurs over a period of time in conjunction with uncertainty about when the injury or damage occurred, policyholders may wish to consider the potential application of the “continuous trigger” rule in order to trigger all available insurance policies on the risk beginning at the time of first exposure and running through the date of manifestation.

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