Expert Commentary

Design and Professional Liability

Negligent Misrepresentation: Chipping Away at the Design Professional's Protection under the Economic Loss Doctrine

Kenneth A Slavens | March 1, 2001

The merits and failings of the economic loss doctrine as applied to the design professions have been continually debated. Learn how relatively recent court opinions have signaled further erosion of the protection that the doctrine provides.

Whether Pre-Tender Environmental Response Costs Are Voluntary Payments: Is There a Prejudice Requirement?

Jeffrey Woodward | February 15, 2001

Explore the intricacies of pre-tender environmental response costs and understand the legal implications of voluntary payments and prejudice requirements.

Workers Compensation Issues

Workers Compensation and Course of Employment

Jim Pocius | February 1, 2001

Jim Pocius discusses the meaning of an employee being in the course of employment relating to workers compensation laws.

Additional Insured Issues

Where There Is a Right, There Is a Remedy—Except in Illinois

Joseph Postel | February 1, 2001

In a recent opinion, the Illinois Appellate Court denied pro rata reimbursement to an insurer whose policy afforded additional insured status to a project owner and general contractor This article explains where the court went wrong when it ruled that the doctrine of equitable contribution did not apply because the two policies insured different risks

Liability Insurance

Coordinating Persons Insured in Primary and Excess Liability Policies

Richard Rudolph | February 1, 2001

Too often, little attention is paid to exactly how coverage follows the various insureds from underlying policies into umbrella/excess layers. Richard Rudolph teaches the three important points to review when coordinating coverage: the named insureds, the additional insureds, and insured-versus-insured provisions.

Time Element

Beyond the Policy: Documenting a Business Interruption Claim

Daniel Torpey | February 1, 2001

Learn how to effectively document a business interruption claim to ensure a smooth settlement process with this comprehensive guide.

Construction Defect Coverage

Insurance Coverage for Mold Arising Out of Defective Workmanship

Patrick Wielinski | February 1, 2001

Discover how contractors navigate insurance coverage for mold issues due to defective workmanship, including legal interpretations and policy implications.

Liability Insurance

Gun Violence and the CGL Policy

Jeffrey Woodward | February 1, 2001

Discover how commercial general liability (CGL) policies respond to gun violence claims and the challenges of establishing coverage in court.

Construction Liability Insurance

How Well Does That Blanket Cover You?

Ann Hickman | February 1, 2001

Blanket additional insured endorsements are useful tools for preventing administrative oversights and reducing paperwork, but they also carry risks for both the named and additional insureds. Discover methods contractors and subcontractors can use to minimize the risks of breaching their contracts when using blanket AI endorsements.

Liability Insurance

Spoliation of Evidence: The Next Frontier for Insurance Coverage Battles

Jill B Berkeley | January 1, 2001

Over the past several years, courts have fashioned a new cause of action deriving from products liability cases when evidence is destroyed, lost, or altered: spoliation of evidence. Does the post-1986 ISO, CGL policy cover this loss? See why this author thinks so.