A Case for Why the First Manifestation Rule Should be Applied in Construction Defect Cases
By: Gregory S. Hirtzel and Benjamin P. Novak
The first manifestation rule is straightforward to apply, derived from policy language, and consistent with the notion that insurance exists to cover fortuitous losses. Recently, however, there has been a push in Pennsylvania to replace the first manifestation rule with the “continuous” or “triple” trigger rule in construction defect cases.
FHMS partner Gregory Hirtzel and associate Benjamin Novak provide insight and make a case for why the first manifestation rule should continue to be applied in construction defect cases.