Schwartz, Conroy & Hack General liability insurance policies typically contain several exclusions. One of the most common of these is the exclusion barring coverage for liability that the policyholder assumes through contracts with other parties. Depending on your business, it may be advisable to purchase a contractual liability endorsement as an add-on to your general… Continue reading The Contractual Liability Exclusion In Insurance Contracts
Category: Insurance
Are Punitive Damages Covered By Commercial General Liability Insurance?
Schwartz, Conroy & Hack Punitive damage awards. While your commercial general liability (CGL) insurance policy may provide coverage for punitive damages, coverage will also depend on the public policy in the state whose law governs the dispute. What Are Punitive Damages? Unlike compensatory damages, which compensate a plaintiff for injury or other losses caused by… Continue reading Are Punitive Damages Covered By Commercial General Liability Insurance?
When the “Made Whole” Doctrine Isn’t a Defense to Subrogation
Sydney Broom | Butler Weihmuller Katz Craig In some jurisdictions, the “made-whole” doctrine requires insured parties to be made whole before an insurance carrier may recover from a third-party as a subrogee. Every so often, a tortfeasor will argue this doctrine as a defense to a subrogation claim. When this happens, subrogation attorneys are left to argue… Continue reading When the “Made Whole” Doctrine Isn’t a Defense to Subrogation
‘What’s in a Name[d Defendant]?’: Federal Court Suggests Narrow Exception to Insurer’s Broad Duty to Provide a Complete Defense
Lynda Bennett, Alexander Corson and Eric Jesse | Lowenstein Sandler Policyholders purchase liability insurance expecting that, when they are sued, their defense will be paid for by their insurer. Because the key value of liability insurance is that it is really “litigation insurance,” courts repeatedly recognize that an insurer’s duty to defend includes an obligation… Continue reading ‘What’s in a Name[d Defendant]?’: Federal Court Suggests Narrow Exception to Insurer’s Broad Duty to Provide a Complete Defense
Nevada “Outlaws” Cost-Reducing Liability Insurance Policies, with Guidelines to Insurers
Philip J. Tacason | Lewis Brisbois On June 3, 2023, Nevada Governor Joe Lombardo signed into law Assembly Bill (AB) 398, which prohibits insurers from renewing or issuing insurance policies that include provisions that reduces the limit of liability by the costs of defense. AB 398 states: Section 1. Chapter 679A of NRS is hereby… Continue reading Nevada “Outlaws” Cost-Reducing Liability Insurance Policies, with Guidelines to Insurers