David Smith | Policyholder Perspective | April 30, 2019 Massachusetts Appeals Court Gets It Right – Mostly Hot on the heels of the Federal Tenth Circuit Court of Appeals’ decision in MTI, Inc. v. Employers Insurance Company of Wausau, __ F.3d __, 2019 WL 321423 (10th Cir. 2019) (about which I wrote earlier this month), the Appeals Court… Continue reading “That Particular Part” – Yet More
Tag: Commercial General Liability Policy
The 10th Circuit Correctly Construes “That Particular Part” Narrowly
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
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
Tenth Circuit: That “Particular Part” Deemed Ambiguous
Nadia A. Buraighis | Cozen O’Connor | February 25, 2019 On January 25, 2019, the U.S. Court of Appeals for the Tenth Circuit, applying Oklahoma law, held that the phrase “that particular part” is ambiguous and may refer to either the distinct component upon which an insured works or to all parts ultimately impacted by… Continue reading Tenth Circuit: That “Particular Part” Deemed Ambiguous