Creeping Incrementalism in Downstream Insurance: Carriers are Stretching Standard CGL Concepts to Untenable Limits

Eric M. Clarkson | SDV Insights In the construction sector, the importance of closely vetting downstream parties’ insurance has never been more critical. The markets have been hardening with no seeming end in sight and carriers are looking for any way to get an edge. Owners and general contractors need to be on the lookout… Continue reading Creeping Incrementalism in Downstream Insurance: Carriers are Stretching Standard CGL Concepts to Untenable Limits

How A $1 Million CGL Insurance Policy Unleashed A $91.5 Million Win

william C. Wagner | Taft Stettinius & Hollister Corporate executives wondering just how valuable a duty to defend is under a standard commercial general liability (CGL) insurance policy should pay attention to an eye-opening case — involving $91.5 million in defense costs. Picture this scenario: companies of all sizes invest in CGL insurance to shield… Continue reading How A $1 Million CGL Insurance Policy Unleashed A $91.5 Million Win

Second Circuit Gives Lesson in Interplay Between Construction Contracts and CGL/Umbrella Policies

Amanda Proctor | PropertyCasualtyFocus On construction projects, it is common for the owners, general contractors, and subcontractors to execute various contracts requiring the parties to procure insurance and have other parties designated as additional insureds under those policies. Recently, the Second Circuit Court of Appeals in Amerisure Insurance Co. v. Selective Insurance Group Inc. addressed the interplay… Continue reading Second Circuit Gives Lesson in Interplay Between Construction Contracts and CGL/Umbrella Policies

Washington Supreme Court Holds Certain Hybrid Occurrence/Claims-Made and Reported Policies May Violate Public Policy

Campbell Stuart | Cozen O’Connor “We cannot enforce insurance provisions that render coverage so narrow it is illusory.”[1]  The Washington Supreme Court used this reasoning to hold that a contractor’s commercial general liability policy was unenforceable where it required that an “occurrence” occur and a claim be made and reported to the insurer in the… Continue reading Washington Supreme Court Holds Certain Hybrid Occurrence/Claims-Made and Reported Policies May Violate Public Policy

CGL Coverage Dispute Regarding the (J)(6) and (J)(7) Property Damage Exclusions

David Adelstein | Florida Construction Legal Updates A new insurance coverage opinion dealing with a commercial general liability’s (CGL) duty to defend involved exclusions commonly known as the (j)(6) and (j)(7) property damage exclusions (and in certain policies known as the (j)(5) and (j)(6) exclusions). These are the exclusions that apply during ongoing operations.  Exclusion (l), or the “your work” exclusion, applies post-completion, i.e., it… Continue reading CGL Coverage Dispute Regarding the (J)(6) and (J)(7) Property Damage Exclusions

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