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
Category: General Liability Policy
Ninth Circuit Finds Policy’s Definition of “Policy Period” Fatal to Insurer’s “Related Claims” Argument
Jason M. Taylor | Insurance Law Blog | March 27, 2019 Professional liability policies often include some form of a “related claims” or “related acts” provision stating that if more than one claim results from a single wrongful act, or a series of related wrongful acts, such claims will be treated as a single claim… Continue reading Ninth Circuit Finds Policy’s Definition of “Policy Period” Fatal to Insurer’s “Related Claims” Argument
CGL Provides No Coverage for Damage to the Insured’s Work
Barry Zalma | Zalma on Insurance | March 22, 2019 Construction contracts are risk transfer devices. The owner shifts the risk of loss to the general contractor who shifts the risk of loss to subcontractors and all shift the risks of loss to their insurers. Commercial General Liability (CGL) policies agree to accept the risk… Continue reading CGL Provides No Coverage for Damage to the Insured’s Work
No Coverage for Defects in Subcontrator’s Own Work
Tred R. Eyerly | Insurance Law Hawaii | February 11, 2019 Damage to the concrete floor installed by the insured subcontractor was not property damage and thus not covered under the insured’s CGL policy. Kalman Floor Co. v. Old Republic Gen. Ins. Corp., 2019 U.S. Dist. LEXIS 3319 (D. Colo Jan. 8, 2019). … Continue reading No Coverage for Defects in Subcontrator’s Own Work
Loss of Use can be “Property Damage” under Insurance Policies
Kevin Brodehl | Money & Dirt | February 10, 2019 General liability insurance policies normally cover “property damage.” Physical injury to, or outright destruction of, property almost always fits within policy coverage. But what about situations when the property is not physically injured at all, but the owner has lost important use rights associated with… Continue reading Loss of Use can be “Property Damage” under Insurance Policies