Commercial Liability Articles
Latest Articles
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.
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.
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
Insurer Uses Contractual Liability Exclusion to Deny Coverage
2003-06-28 | Kent Holland
Construction Defect Coverage
The Myth of "Third-Party" Property Damage
2003-05-01 | Patrick J Wielinski
Design and Professional Liability
The Ability To Disclaim Liability Resulting from Inspection Duties
2003-05-01 | Kenneth A Slavens
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
Design and Professional Liability
Copyright Infringement of Design Documents
2002-11-16 | Kent Holland
Design and Professional Liability
Design Disclaimers and Implied Warranties
2002-11-01 | Kenneth A Slavens
Construction Defect Coverage
Even More on Defective Work as an "Occurrence"
2002-10-01 | Patrick J Wielinski
Design and Professional Liability
Insurance Coverage—Waivers of Subrogation
2002-08-01 | Kent Holland
