Adam Gajadharsingh | Barnes & Thornburg Disputes over the attorney-client privilege, work product doctrine, and other privileges and protections can affect outcomes in insurance coverage disputes. Anticipating these disputes can help prevent disclosure of an insured’s protected information and also afford an opportunity to apply pressure against an insurer withholding relevant information without a valid… Continue reading Privilege and Work Product in Insurance Coverage Disputes
Category: Insurance Coverage
New York Appellate Court Addresses “Trigger of Coverage” for Asbestos Claims and Other Coverage Issues
Paul A. Briganti | Complex Insurance Coverage Reporter On October 9, 2020, the New York Supreme Court, Appellate Division, Fourth Department, decided an appeal from a trial court’s 2018 summary judgment ruling on a number of coverage issues arising out of asbestos-related bodily injury claims against plaintiffs Carrier Corporation (Carrier) and Elliott Company (Elliott). See Carrier Corp. v.… Continue reading New York Appellate Court Addresses “Trigger of Coverage” for Asbestos Claims and Other Coverage Issues
Intoxicated Teen/Trespasser Injured On Construction Site At 3 A.M.: Are The Owner/Developer/General Contractor Liable?
Victor Metsch | Smith Gambrell & Russell If a young adult engages in an athletic competition, and is injured while playing, there may be a defense to third-party liability based upon the doctrine of “assumption of risk“. So does that defense protect a property owner where a person drinks to the point of intoxication; trespasses… Continue reading Intoxicated Teen/Trespasser Injured On Construction Site At 3 A.M.: Are The Owner/Developer/General Contractor Liable?
Are Untimely Repairs an “Occurrence” Triggering CGL Coverage?
Christopher G. Hill | Construction Law Musings All Class A commercial contractors in Virginia are required to have a minimum level of Commercial General Liability (CGL) coverage. As a general rule, this insurance is there for damage to property or persons arising from an “occurrence” that is covered by the policy. Many cases that are… Continue reading Are Untimely Repairs an “Occurrence” Triggering CGL Coverage?
The Changing Fact of Additional Insured Coverage
J. Blake Hunter | Butler Weihmuller Katz Craig As a coverage attorney, I often find myself representing the liability insurers of both general contractors and subcontractors. When representing a carrier for a general contractor, one of the first questions the client usually asks us to explore is whether its named insured may qualify as an “additional insured” on a policy issued to one of its subcontractor under an additional… Continue reading The Changing Fact of Additional Insured Coverage