Anthony Osborn – May 18, 2014 Just a few days ago, the Eighth Circuit (applying Missouri law) analyzed whether a contractor had insurance coverage under a CGL policy relative to personal injuries stemming from three ladies’ alleged exposure to an acrylic concrete sealant. The contractor had utilized the sealant in an office park where the… Continue reading Eighth Circuit: Damages from Exposure to Concrete Sealant are Subject to “Pollution Exclusion” in CGL Policy
Category: General Liability Policy
Think You are Covered by an Additional Insured Endorsement? Recent Opinion Serves as a Reminder to Read the Coverage Language
Matthew T. Vocci – April 30, 2014 The United States Court of Appeals for the Fifth Circuit issued an opinion this month that should serve as a reminder to prime contractors to review the coverage granted to them as additional insureds on their subcontractors’ Commercial General Liability (“CGL”) policies. In Carl E. Woodward, L.L.C. v. Acceptance… Continue reading Think You are Covered by an Additional Insured Endorsement? Recent Opinion Serves as a Reminder to Read the Coverage Language
Ewings are Making a Name for Themselves in Texas, Again
David L. Beck – January 23, 2014 The recent decision by the Texas Supreme Court in Ewing Constr. Co., Inc. v. Amerisure Ins. Co., No. 12-0661, 2014 WL 185035 (Tex. Jan. 17, 2014), has insureds in Texas and throughout the country breathing a sigh of relief. The decision confirms the limited scope of the Texas… Continue reading Ewings are Making a Name for Themselves in Texas, Again
Draft Your Lawsuit to Trigger Insurance Coverage
Anthony Osborn – October 23, 2013 As most people reading this blog post are aware, construction lawsuits can trigger seemingly countless insurance coverage issues. For example, were the alleged damages caused by an “occurrence” as defined in the contractor’s insurance policy? If so, did the damages begin and/or end during different years, thereby triggering multiple… Continue reading Draft Your Lawsuit to Trigger Insurance Coverage
Overlooked Obtaining an Additional Insured Endorsement? You Might be Saved by the Automatic Additional Insured Endorsement – or Might Not.
Richard Dyer – October 18, 2013 Many CGL policies typically include an endorsement that contains a clause providing for automatic additional insured status without a project specific schedule listing names of additional insureds. (See, for example, form CG 2033 0704, “Additional Insured-Owners, Lessees or Contractors – Automatic Status When Required in Construction Agreement With You”). … Continue reading Overlooked Obtaining an Additional Insured Endorsement? You Might be Saved by the Automatic Additional Insured Endorsement – or Might Not.