Jason R. Potter | Claims Magazine | June 2019 Commercial General Liability (CGL) policies, like all insurance products, are intended to protect the insured from unexpected claims or suits by third parties. A CGL policy covers bodily injury, property, personal and advertising liability, products and completed operations and fire liability unless they are excluded by… Continue reading When is a Mistake an ‘Accident’?
Category: General Liability Policy
Construction Defect Dispute Governed by Contract Disputes Act not yet Suited to being a “Suit”
William S. Bennett | SDV Insights | May 14, 2019 The Southern District of California recently held that a series of demands for a general contractor to investigate and repair several construction defects at a U.S. Army facility did not constitute a “suit” within the meaning of the general contractor’s commercial general liability (“CGL”) policy.… Continue reading Construction Defect Dispute Governed by Contract Disputes Act not yet Suited to being a “Suit”
The Limited Scope of the “Care, Custody or Control” Exclusion
Kirk Pasich | Pasich LLP | June 10, 2019 General liability policies have long contained an exclusion for property “in the care, custody or control of the insured . . . .” Commercial General Liability Coverage Form, § I., Coverage A, ¶ 2.J.(4) (Insurance Services Office, Inc. 2012). The scope of this exclusion has been… Continue reading The Limited Scope of the “Care, Custody or Control” Exclusion
“Rip-and-Tear Damages” In Construction: A Roadmap For Coverage Where None Existed?
Ashley Veitenheimer | Kane Russell Coleman Logan | May 22, 2019 The insuring agreement in most commercial general liability policies states that the carrier “will pay those sums that the insured becomes legally obligated to pay as damages because of…’property damage’ to which this insurance applies.” In addition, most policies exclude coverage for the defective work… Continue reading “Rip-and-Tear Damages” In Construction: A Roadmap For Coverage Where None Existed?
The 10th Circuit Correctly Construes “That Particular Part” Narrowly
David Smith | Farella Braun & Martel | April 12, 2019 We do not often write about coverage opinions from jurisdictions as far away as Oklahoma; however, a recent case from the Federal Tenth Circuit looked at one of our favorite topics and came out with a much better reasoned opinion than recent decisions from… Continue reading The 10th Circuit Correctly Construes “That Particular Part” Narrowly