Jason R. Potter | Claims Magazine | June 2019 Commercial General Liability (CGL) policies, like all insurance products, are intended to protect the insured from unexpected claims or suits by third parties. A CGL policy covers bodily injury, property, personal and advertising liability, products and completed operations and fire liability unless they are excluded by… Continue reading When is a Mistake an ‘Accident’?
Tag: Commercial General Liability Policy
Construction Defect Dispute Governed by Contract Disputes Act not yet Suited to being a “Suit”
William S. Bennett | SDV Insights | May 14, 2019 The Southern District of California recently held that a series of demands for a general contractor to investigate and repair several construction defects at a U.S. Army facility did not constitute a “suit” within the meaning of the general contractor’s commercial general liability (“CGL”) policy.… Continue reading Construction Defect Dispute Governed by Contract Disputes Act not yet Suited to being a “Suit”
The Limited Scope of the “Care, Custody or Control” Exclusion
Kirk Pasich | Pasich LLP | June 10, 2019 General liability policies have long contained an exclusion for property “in the care, custody or control of the insured . . . .” Commercial General Liability Coverage Form, § I., Coverage A, ¶ 2.J.(4) (Insurance Services Office, Inc. 2012). The scope of this exclusion has been… Continue reading The Limited Scope of the “Care, Custody or Control” Exclusion
“That Particular Part” – Yet More
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
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