Joshua LaBar | Plunkett Cooney The West Virginia Supreme Court of Appeals answered the following certified question from the U.S. Court of Appeals for the Fourth Circuit: “At what point in time does bodily injury occur to trigger insurance coverage for claims stemming from chemical exposure or other analogous harm that contributed to the development… Continue reading Continuous-Trigger theory, Construction Defects Coverage Update
Category: General Liability Policy
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
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
California Appeals Court Says No Duty to Defend Where Policy Exclusion Applies
Alex Purvis, Emily M. Ruzic and Amandeep S. Kahlon | Build Smart In Ali Heidari v. Golden Bear Insurance, a California appeals court recently affirmed a lower court’s decision to deny relief under a CGL policy, where the policy excluded from coverage work performed by subcontractors under the contractor’s warranty exclusion. Specifically, the appellate court upheld the trial… Continue reading California Appeals Court Says No Duty to Defend Where Policy Exclusion Applies