(1) A provision in a liability insurance policy issued to a construction professional excluding or limiting coverage for one or more claims arising from bodily injury, property damage, advertising injury, or personal injury that occurs before the policy's inception date and that continues, worsens, or progresses when the policy is in effect is void and unenforceable if the exclusion or limitation applies to an injury or damage that was unknown to the insured at the policy's inception date.
Any provision in an insurance policy issued in violation of this section is void andunenforceable as against public policy. A court shall construe an insurance policy containing a provision that is unenforceable under this section as if the provision was not a part of the policy when the policy was issued.
This section applies only to an insurance policy that covers occurrences of damage orinjury during the policy period and that insures a construction professional for liability arising from construction-related work.
Source: L. 2010: Entire section added, (HB 10-1394), ch. 253, p. 1128, § 2, effective May 21.