For the past thirty years in Michigan, an insured’s faulty workmanship, standing alone, did not constitute an “occurrence” to trigger coverage under a commercial liability policy. Perhaps fittingly, the Michigan Supreme Court chose 2020 as the year to change what we thought we knew.  In Skanska USA Bldg. Inc. v M.A.P. Mech. Contractors, Inc, the Michigan Supreme Court joined the majority of jurisdictions in holding that the defective work of a subcontractor that damages an insured’s work product constitutes an “accident” and is therefore an “occurrence” triggering coverage under the CGL policy.  The case impacts more than $10 billion of annual economic activity in the State of Michigan. Each year, the State’s governmental bodies, its residents, and its businesses spend more than $10 billion on infrastructure, commercial, industrial, and residential construction projects. Virtually every single one of these transactions is covered by commercial general liability insurance.  In this session, Dan Hatch will share insights on how construction professionals can submit and support defective work claims in the post Skanska world to obtain coverage under their CGL policies.

• Understand the impact of the case on current liability policy
• Learn how to obtain coverage under CGL policies
• How these changes effect your business

The Construction Financial Management Association (CFMA) is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: https://www.nasbaregistry.org/

Dan Hatch

Shareholder | Hilger Hammond

Dan Hatch is a shareholder with the law firm of Hilger Hammond.  Dan specializes in the areas of construction law, business law, insurance risk and recovery, and commercial litigation. He represents individuals and businesses in various matters involving contract disputes, property disputes, tort and professional liability claims, lien and bond claims, constitutional issues, and zoning matters in state and federal courts. Prior to joining Hilger Hammond, Dan worked at Ernst and Young where he specialized in state and local and international taxation. Dan also serves as an adjunct professor at Grand Valley State University where he teaches business law. 

Outside the office, Dan enjoys golf, hunting, photography, travel, and Frank Lloyd Wright architecture. He is also the proud (and tired) owner of his accident-prone French bulldog, Gary.  Dan is a native of southeast Michigan where he was the fifth generation to grow up on his family’s 80-acre Centennial Farm.