Commercial Liability Articles

Latest Articles

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

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.