Commercial Liability Articles
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Construction Liability Insurance
Contractor's Professional Liability—The Products Liability Exclusion
Design and Professional Liability
Project-Specific Professional Liability for Design Build Projects
Subcontractor Performance Risk
Sharpening the Focus on ESG
Design and Professional Liability
Design Liability: Claims and Recovery
Design and Professional Liability
Design Liability: The Procurement Phase
Subcontractor Performance Risk
Construction and Environmental, Social, and Governance Reporting
Design and Professional Liability
Reporting CPrL Claims and Achieving Successful Outcomes
Subcontractor Performance Risk
Recruiting and Training the Construction Workforce of Tomorrow
Liability Insurance
Coverage Challenges in CGL Insuring Agreements
Liability Insurance
The Auto Exclusion in the CGL Policy
Subcontractor Performance Risk
Green Building Means Go
Liability Insurance
Do Trade Names Limit CGL Coverage?
Liability Insurance
Top 10 Problems with Follow-Form Coverage
Subcontractor Performance Risk
Effects of the Russia-Ukraine Conflict on Construction Supply Chains
Liability Insurance
Subsidence Exclusion in the CGL Policy
Subcontractor Performance Risk
Myths about Causes of Subcontractor Defaults
Construction Liability Insurance
Additional Insured Status and Waivers of Subrogation
Design and Professional Liability
2022 Contractor's Professional Liability Market Trends and Challenges
Liability Insurance
Auto versus Mobile Equipment in the CGL
Subcontractor Performance Risk
Subcontractor Qualification for Challenging Times
Liability Insurance
Loss of Use as Property Damage
Liability Insurance
The CGL Pollution Exclusion
Subcontractor Performance Risk
Managing Construction Cost Escalation
Subcontractor Performance Risk
Thinking Inside the Box—Modular Construction Considerations
Construction Defect Coverage
Defining and Fixing Construction Defects
Subcontractor Performance Risk
Project Pursuit Decisions—Play to Your Strengths
Design and Professional Liability
Changing CPrL Marketplace: Expectations for 2021
Construction Defect Coverage
Other Insurance and Allocation in Construction Defect Claims
Liability Insurance
Commercial Umbrella—Exhaustion of the Underlying Insurance
Subcontractor Performance Risk
Strategies for a Challenged Supply Chain in the Wake of COVID-19
Construction Defect Coverage
Beware the Stunted CGL: Breach of Contract Endorsements
Construction Defect Coverage
Coverage Triggers for Construction Defect Claims
Design and Professional Liability
Contractors Professional Liability in a COVID-19 Era
Liability Insurance
The Coronavirus and the CGL Policy
Subcontractor Performance Risk
Navigating Perilous Times in Construction
Liability Insurance
Employers Liability Exclusion in the CGL Policy
Subcontractor Performance Risk
Implementing SMART Risk Mitigation Plans
Design and Professional Liability
The Dangers of OPPI Insurance
Liability Insurance
The ISO Classification System and the CGL Policy
Subcontractor Performance Risk
Tackling Subcontractor Performance Issues from the Ground Up
Design and Professional Liability
Dissecting the Contractors Professional Liability Policy
Subcontractor Performance Risk
Project Pursuit Decisions Affect Subcontracting Risk
Liability Insurance
How the Limits Apply in the CGL Policy
Subcontractor Performance Risk
Subcontractor Operational Prequalification
Liability Insurance
The Hazards of Products and Completed Operations: Understanding the Fundamentals
Subcontractor Performance Risk
Use the Results of Subcontractor Prequalification to Mitigate Risk
Liability Insurance
Primary and Noncontributory
Liability Insurance
More Coverage Misconceptions of the CGL Policy
Liability Insurance
Some Common Coverage Misconceptions of the CGL Policy
Design and Professional Liability
When Striking Contract Language Isn't Enough
Liability Insurance
What Does "Separation of Insureds" Mean—Part 1
Liability Insurance
What Does "Separation of Insureds" Mean—Part 2
Liability Insurance
Faulty Work and the CGL
Liability Insurance
Contractual Liability and the CGL Policy
Liability Insurance
Commercial Umbrellas and the Demand for Primary and Noncontributory
Design and Professional Liability
Construction Specifications: Professional Liability Risk
Liability Insurance
Coverage Gaps Created by Exclusionary Endorsements
Design and Professional Liability
Contractors Professional Liability (CPrL) Insurance—Rectification/Mitigation Enhancement
Design and Professional Liability
New Owner's Design Warranty in Missouri
Liability Insurance
Additional Insured Issues 2016—Part Two
Liability Insurance
Additional Insured Issues 2016—Part One
Construction Defect Coverage
Defective Work as Occurrence: "The Song Remains the Same"
Design and Professional Liability
Professional Liability Risk and the CMAR Delivery Method
Design and Professional Liability
Contractor Project Delivery Methods: Test Your Knowledge!
Liability Insurance
Pennsylvania Adopts "First Manifestation Rule" as the CGL Coverage Trigger
Design and Professional Liability
Attorney Fee Award Approved Based on Incorporated AAA Rules
Design and Professional Liability
Who Can Opine on the Design Professional's Standard of Care?
Design and Professional Liability
Mold and Professional Liability Insurance
Liability Insurance
The Duty To Defend—Groundless, False, or Fraudulent
Liability Insurance
The Montrose Endorsement—15 Years Later
Construction Liability Insurance
Get a Knowledgeable Construction Broker
Liability Insurance
The "Your Work Exclusion"—A Curious View
Construction Defect Coverage
Construction Defect and Occurrence: Still Crazy after All These Years
Design and Professional Liability
Contractors Professional Liability—A Market Update
Liability Insurance
The CGL and the Professional Liability Exclusion
Construction Defect Coverage
Ewing v. Amerisure
Liability Insurance
Subrogation and the CGL Policy
Liability Insurance
Broad Form Property Damage—A Look Back
Construction Liability Insurance
2013 ISO Additional Insured Endorsements: Putting the Changes into Context for the Construction Industry
Design and Professional Liability
Constructing Professional Liability Insurance Requirements for Design-Build Projects
Liability Insurance
Selling Your Premises—Does CGL Coverage Apply after the Sale?
Construction Liability Insurance
Indemnity and Additional Insured Requirements: Why Am I Demanding Them, Why Do Others Want Them, and What Does It All Mean?
Liability Insurance
The 2013 Edition of the CGL Policy
Construction Liability Insurance
The Elusive "Pollution" Definition in the CGL Policy
Liability Insurance
The Claims-Made CGL Policy
Design and Professional Liability
Contractor's Professional Liability and the CGL
Liability Insurance
Punitive Damages—Setting an Example
Liability Insurance
Contractual Liability Exclusion—The Ball Is in Your Court
Liability Insurance
Is an Occurrence the Bodily Injury or Property Damage?
Liability Insurance
Additional Insured Status—Automatic or Wet Blanket?
Design and Professional Liability
Mitigation of Damages Coverage Helps with Design Defects
Liability Insurance
Legal Separation—The Severability Test in the CGL
Liability Insurance
Do CGL Policies Cover "Rip and Tear" Expenses?
Design and Professional Liability
Take Advantage of Project Excess Endorsements
Liability Insurance
The Increasingly Complex CGL Policy
Design and Professional Liability
Failing To Define the Standard of Care
Liability Insurance
Pay Me Back! Reimbursement of Defense Costs in the CGL
Construction Defect Coverage
Construction Defect Insurance Coverage Remains Difficult To Predict
Liability Insurance
"Arising Out of": How Strong Is the Connection?
Liability Insurance
The Recall Expense Exclusion—When Your Ship Does Not Come In
Liability Insurance
Invisible Ink: The Duty To Defend When There Is No Duty To Defend
Liability Insurance
The Impaired Property Exclusion
Liability Insurance
Lowered Expectation: How Courts Treat Expected Injury Exclusions
Liability Insurance
A High-Level View of the CGL Policy
Design and Professional Liability
Project Professional Liability Insurance for Construction Firms
Liability Insurance
The Duty to Defend: the Four(ish) Corners Rule
Liability Insurance
OCP Liability versus Additional Insured Coverage
Construction Defect Coverage
CGL Exclusions May Impact Coverage for Occurrences Involving Defective Work
Liability Insurance
What Satisfies the Self-Insured Retention?
Liability Insurance
Contractual Confusion—Assuming the Liability of Others
Design and Professional Liability
Understanding Contractor's Protective Insurance
Design and Professional Liability
The 2007 AIA Document: Changes in Formal Dispute Resolution
Liability Insurance
Other Insurance and the CGL Policy
Liability Insurance
CGL Insurance and the Question of Intent
Liability Insurance
Trigger Theories and the CGL
Liability Insurance
Coverage Trigger: Getting It Right for the Right Reason
Liability Insurance
Care, Custody, or Control Exclusion in the CGL
Liability Insurance
CGL Insurance 2007 Edition—A Summary of Changes
Design and Professional Liability
Contractors Professional Liability Market Update
Construction Defect Coverage
Defective Construction as an Occurrence: Witnessing the "Occurrence" Farewell Tour?
Liability Insurance
I Did Not Expect That! The CGL Exclusion for Expected or Intended Injury
Design and Professional Liability
Owners Protective Professional Indemnity Insurance
Liability Insurance
The Burden to Allocate: Mine, Yours, or Ours?
Construction Defect Coverage
The Year of the Occurrence: 2007 Defective Construction Insurance Cases in Review
Liability Insurance
Raising the Bar—The Liquor Liability Exclusion in the CGL
Liability Insurance
Insurance Law and Exclusion (m): It's Not Broken If You Can Fix It
Liability Insurance
When Workers Aren't Employees
Construction Defect Coverage
Worth the Weight (in Gold): the Texas Supreme Court Weighs in on Defective Construction as Occurrence
Design and Professional Liability
Contractors Professional Liability Update
Liability Insurance
More Allocation Theories: Exhaustion
Liability Insurance
In Defense of Insured Contracts
Design and Professional Liability
Project Professional Liability: Professional Liability Insurance Alternatives for Construction Projects
Liability Insurance
Cover Me: the Subcontractor Exception to the Your [Completed] Work Exclusion
Liability Insurance
When Does Liability Coverage Exist for Mental Anguish without Bodily Injury?
Liability Insurance
Pre-Tender Defense Costs: Who Pays?
Construction Defect Coverage
Complex Construction Defect Claims: Who Pays First?—Part 2
Construction Defect Coverage
Complex Construction Defect Claims Involving Performance Bonds and Insurance: Who Pays First?—Part 1
Liability Insurance
Additional Insured Endorsements—A Potential Minefield (Part 3)
Liability Insurance
Additional Insured Endorsements—A Potential Minefield (Part 2)
Liability Insurance
Additional Insured Endorsements—A Potential Minefield (Part 1)
Design and Professional Liability
Are You Really Protected from Consequential Damages Exposure?
Design and Professional Liability
Higher Policy Limits for Specific Projects
Liability Insurance
Auto versus Mobile Equipment in the 2004 CGL—An Update
Design and Professional Liability
The Exception Is Swallowing the Rule: Negligent Misrepresentation and the Economic Loss Doctrine
Design and Professional Liability
The "Bargained-for" Result: Torts, Contracts, and Statutes of Limitation
Liability Insurance
CGL—Fire Legal
Design and Professional Liability
Dealing with Ambiguities in Design-Build Contracts
Liability Insurance
CGL—Covered Locations
Construction Defect Coverage
Recent Case Law Applying the Subcontractor Exception: Too Little Too Late?
Design and Professional Liability
Making the Most of Standard Indemnity Clauses
Liability Insurance
Additional Insured Changes in the CGL
Liability Insurance
The 2004 ISO CGL Policy
Design and Professional Liability
Standards Needed for Mold Exposure, Testing, and Remediation
Construction Liability Insurance
Are All EIFS Contractors Created Equal?
Liability Insurance
Known Injury or Damage
Construction Liability Insurance
Construction Defect Crisis Produces Coverage-Restricting Endorsements
Design and Professional Liability
Insurer Uses Contractual Liability Exclusion to Deny Coverage
Liability Insurance
When Is an Insured Not an Insured?
Construction Defect Coverage
The Myth of "Third-Party" Property Damage
Design and Professional Liability
The Ability To Disclaim Liability Resulting from Inspection Duties
Design and Professional Liability
Liquidated Damages Clause and Waiver of Consequential Damages Clause Effectively Cap Damages Available Against Design-Builder
Design and Professional Liability
Copyright Infringement of Design Documents
Design and Professional Liability
Design Disclaimers and Implied Warranties
Construction Defect Coverage
Even More on Defective Work as an "Occurrence"
Liability Insurance
Duty To Defend in the CGL Policy
Construction Liability Insurance
Insuring Design-Build Risks
Design and Professional Liability
Insurance Coverage—Waivers of Subrogation
Design and Professional Liability
The Design Professional's Statute of Repose: Stumbling Blocks to the Defense of Torts and Contractual Indemnity Claims
Construction Defect Coverage
Potomoc Insurance v Huang
Design and Professional Liability
Contract Documents of the Design-Build Institute of America
Construction Defect Coverage
Policy Modifications and Endorsements Relating to Liability Insurance Coverage for Mold
Liability Insurance
The 2001 ISO CGL Revision
Construction Defect Coverage
Full Circle Regression: the New ISO "Your Work" Endorsements
Design and Professional Liability
Architects and "Design and Construct" Liability under the Americans with Disabilities Act
Design and Professional Liability
Problems with Arbitration in Design-Build
Design and Professional Liability
You Just Stood There? The Design Professional's Responsibility for Job Site Injuries
Construction Defect Coverage
Glorifying Form over Substance: "Legally Obligated" in the CGL Insuring Agreement
Design and Professional Liability
Design-Build Engineer Held Liable for Negligence
Liability Insurance
Insurance Coverage Disputes and Society's Problems
Construction Defect Coverage
Back to the Exclusions—The "Subcontractor" Exception
Design and Professional Liability
Negligent Misrepresentation: Chipping Away at the Design Professional's Protection under the Economic Loss Doctrine
Liability Insurance
Coordinating Persons Insured in Primary and Excess Liability Policies
Liability Insurance
Gun Violence and the CGL Policy
Construction Defect Coverage
Insurance Coverage for Mold Arising Out of Defective Workmanship
Construction Liability Insurance
How Well Does That Blanket Cover You?
Liability Insurance
Spoliation of Evidence: The Next Frontier for Insurance Coverage Battles
Liability Insurance
Who Wants to Be an Insured?
Design and Professional Liability
Professional Liability: Are Contractors Adequately Protected?
Construction Defect Coverage
More on Defective Work as an Occurrence
Design and Professional Liability
AIA Standard Form Is an Acceptable "Allocation of Risk" between "Sophisticated Business Actors"
Design and Professional Liability
Insurance for Architect- and Engineer-Led Design-Build Projects
Liability Insurance
When a Breach of Contract Constitutes an Accident
Construction Defect Coverage
Defective Work as an Occurrence
Design and Professional Liability
Project-Specific Professional Liability: Who Really Pays for Design Errors?
Liability Insurance
When Negligent Conduct Does Not Constitute an Accident
Liability Insurance
Additionally Insured or Held Harmful?
Liability Insurance
The 1999 CGL Insuring Agreement: ISO's "Montrose Endorsement"
Construction Defect Coverage
The Changing Landscape of Coverage Disputes over Defective Work Claims
Construction Liability Insurance