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Commercial Liability

Breaking Coverage Case—Duty to Defend Owed for PFAS Claims

2025-09-26 | Jes Alexander

Two liability insurers owed a duty to defend a town facing claims of environmental pollution relating to per- and polyfluoroalkyl substances (PFAS). The court held that the noise and pollution exclusion was inapplicable in the duty to defend context due to the exclusion's carve-outs.

Design and Professional Liability

Rely on Privity at Your Peril

2025-08-01 | Kenneth A Slavens

The traditional protection from liability for negligent performance of contractual obligations in the absence of privity is eroding. Ken Slavens discusses a related case.

Liability Insurance

Landlord as an Insured

2025-07-22 | Craig F Stanovich

For coverage to apply to the landlord on the tenant's commercial general liability policy, Craig Stanovich advises looking beyond the enforceability of the lease to whether a landlord-tenant relationship has been created.

Liability Insurance

Duty to Defend in the CGL Policy

2025-07-11 | Craig F Stanovich

Craig Stanovich explains in a clear, concise, and understandable way how the duty to defend provision works in the commercial general liability (CGL) policy.

Design and Professional Liability

Contractual Indemnification Suit Not Barred by Statute of Repose

2025-06-06 | Kenneth A Slavens

Kenneth Slavens discusses a 2025 Massachusetts case involving a university, an architect, and a tort claim for design and construction defects.

Design and Professional Liability

Expert Required Unless Common Knowledge Exception Applies

2025-05-30 | Kenneth A Slavens

Claimants typically must have an expert assess whether certain professional conduct is "negligent." Ken Slavens examines the exception and its application.

Design and Professional Liability

No Immunity for Design Professional for Poor Highway Design

2025-05-23 | Kenneth A Slavens

Ken Slavens relates a case holding that governmental approval does not eliminate the duty to exercise professional care.

Subcontractor Performance Risk

Managing Escalating Material Substitutions Costs

2025-05-02 | Cheri Hanes

Managing the impact of rising construction costs due to material substitutions is done in four steps: identifying, monitoring, understanding, and risk mitigation. Cheri Hanes explains.

Liability Insurance

CGL—Fire Legal

2025-03-28 | Craig F Stanovich

Craig Stanovich explains that policyholders who rent space are presented with exposures that may not be properly handled by standard "fire legal" or "damage to premises rented to you" commercial general liability coverage.

Construction Defect Coverage

The Evolution of CGL Coverage for Defective Construction in the Courts

2025-02-28 | Patrick J Wielinski

Patrick Wielinski examines the move from overly restrictive approaches to insurance coverage for property damage arising out of defective work or faulty construction to the application of the actual terms of the commercial general liability (CGL) policy, reviewing the litigation history and a recent Illinois court decision.