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Liability Insurance

Known Injury or Damage

2003-10-01 | Craig F Stanovich

Craig Stanovich looks at the history behind the provision that coverage ceases for all subsequent CGL policies once certain insureds learn of any continuing injury or damage.

Design and Professional Liability

Insurer Uses Contractual Liability Exclusion to Deny Coverage

2003-06-28 | Kent Holland

In American Family Mutual Insurance v. Pleasant Company, the court's reasoning completely misconstrues the purpose of the contractual liability exclusion, Kent Holland explains.

Liability Insurance

When Is an Insured Not an Insured?

2003-06-01 | Craig F Stanovich

Craig Stanovich looks at the first step in accurate coverage interpretation: identifying who is an insured and when protection applies.

Construction Defect Coverage

The Myth of "Third-Party" Property Damage

2003-05-01 | Patrick J Wielinski

Pat Wielinski discusses the varying judicial application of standardized CGL definitions to claims involving defective work, and the coverage myths that have arisen as a result.

Design and Professional Liability

The Ability To Disclaim Liability Resulting from Inspection Duties

2003-05-01 | Kenneth A Slavens

Through the examination of case law, Ken Slavens reveals judicial support for the argument that the risk the design professional assumes by inspection or observation can be limited by contract.

Design and Professional Liability

Liquidated Damages Clause and Waiver of Consequential Damages Clause Effectively Cap Damages Available against Design-Builder

2003-03-01 | Kent Holland

Kent Holland examines a case that provides insight into the judicial interpretation of contract clauses that purport to limit liability of engineers/contractors.

Design and Professional Liability

Copyright Infringement of Design Documents

2002-11-16 | Kent Holland

Using a recent case as an example, Kent Holland discusses the importance of preserving the copyright interest of the architect's design documents.

Design and Professional Liability

Design Disclaimers and Implied Warranties

2002-11-01 | Kenneth A Slavens

Citing a recent case, Ken Slavens discusses the importance of precise language used in disclaimers that are part of design packages.

Construction Defect Coverage

Even More on Defective Work as an "Occurrence"

2002-10-01 | Patrick J Wielinski

Pat Wielinski explains how a recent Texas Supreme Court case may finally put to rest the question of whether the CGL policy provides coverage for the defective work of others despite the definition of occurrence.

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Construction Liability Insurance

Insuring Design-Build Risks

2002-08-01 | Ann Hickman

Taking on responsibility for design in addition to construction entails many new risks. This article examines the potential liabilities facing design-builders and how they can be handled. Also see IRMI's new book by the most knowledgeable practitioners in the industry, Design-Build Risk and Insurance, which offers you their insight in one handy, well-organized guide.

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