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Commercial Liability Articles


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Design and Professional Liability

Insurance Coverage—Waivers of Subrogation

2002-08-01 | Kent Holland

In this article, Kent Holland discusses a Fourth Circuit case that demonstrates the importance of waivers of subrogation as part of the risk allocation strategy.

Design and Professional Liability

The Design Professional's Statute of Repose: Stumbling Blocks to the Defense of Torts and Contractual Indemnity Claims

2002-07-01 | Kenneth A Slavens

Ken Slavens examines the case of Jordan v. Sandwell, Inc., highlighting the problems that design professionals may encounter when the statute of repose is raised as a defense.

Construction Defect Coverage

Potomoc Insurance v. Huang

2002-06-01 | Patrick J Wielinski

Pat Wielinski examines a recent Kansas case recognizing the validity of the insurability of a contractor's work to repair property damage before suit is brought.

Design and Professional Liability

Contract Documents of the Design-Build Institute of America

2002-05-01 | Kent Holland

Kent Holland examines a few of the more significant clauses of the DBIA standard forms affecting risk allocation and potential insurance coverage.

Construction Defect Coverage

Policy Modifications and Endorsements Relating to Liability Insurance Coverage for Mold

2002-03-01 | Patrick J Wielinski

Discover how policy modifications and endorsements impact liability insurance coverage for mold, enabling you to navigate the complexities of insurance claims and litigation.

Liability Insurance

The 2001 ISO CGL Revision

2002-01-01 | W Jeffrey Woodward

Discover the key changes in the 2001 ISO CGL policy revision and understand how it impacts coverage for Internet exposures and other liabilities.

Construction Defect Coverage

Full Circle Regression: the New ISO "Your Work" Endorsements

2002-01-01 | Patrick J Wielinski

In December, ISO issued two new endorsements for contractors' CGL policies eliminating coverage for property damage arising out of their subcontractors' defective work. Pat Wielinski examines the history and explains the problem.

Design and Professional Liability

Architects and "Design and Construct" Liability under the Americans with Disabilities Act

2001-12-08 | Kenneth A Slavens

Another federal court of appeals has weighed in on the applicability of the ADA to design professions. Ken Slavens explains how the ADA liability exposure of a building designer depends on where the project is located, until a higher court rules on the issue.

Design and Professional Liability

Problems with Arbitration in Design-Build

2001-11-17 | Kent Holland

In this article, Kent Holland explains that when arbitration is the main means of dispute resolution under a design-build contract, why it is so important for all parties to a design be subject to a single arbitration action.

Design and Professional Liability

You Just Stood There? The Design Professional's Responsibility for Job Site Injuries

2001-09-22 | Kenneth A Slavens

What should the design professional do after witnessing unsafe job site practices by the contractor? Ken Slavens explains how different jurisdictions answer that question and what can be done to both prevent injury and protect liability.