Commercial Liability Articles
Latest Articles
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.
Construction Defect Coverage
Glorifying Form over Substance: "Legally Obligated" in the CGL Insuring Agreement
2001-08-01 | Patrick J Wielinski
Insurers may deny claims where a contractor, absent the filing of a lawsuit, repairs property damage caused by an obvious accident. Pat Wielinski discusses the scenarios, issues, case law, and provides practical pointers for avoiding this situation.
Design and Professional Liability
Design-Build Engineer Held Liable for Negligence
2001-07-21 | Kent Holland
A complex court decision holds that a developer is entitled to recover its losses from the design-builder who employed the engineer and constructed the failed projects. J. Kent Holland Jr. explains its significance.
Liability Insurance
Insurance Coverage Disputes and Society's Problems
2001-05-01 | Jill B Berkeley
Unfortunately, insurance coverage disputes mirror casualty and liability losses throughout the world. This article examines recent litigation involving insurance coverage disputes and violent crimes and sexual assaults.
Construction Defect Coverage
Back to the Exclusions—The "Subcontractor" Exception
2001-05-01 | Patrick J Wielinski
Explore the intricacies of the "your work" exclusion and its "subcontractor" exception within CGL policies, and understand their impact on construction defect cases.
Design and Professional Liability
Negligent Misrepresentation: Chipping Away at the Design Professional's Protection under the Economic Loss Doctrine
2001-03-01 | Kenneth A Slavens
The merits and failings of the economic loss doctrine as applied to the design professions have been continually debated. Learn how relatively recent court opinions have signaled further erosion of the protection that the doctrine provides.
Liability Insurance
Coordinating Persons Insured in Primary and Excess Liability Policies
2001-02-01 | Richard Rudolph
Too often, little attention is paid to exactly how coverage follows the various insureds from underlying policies into umbrella/excess layers. Richard Rudolph teaches the three important points to review when coordinating coverage: the named insureds, the additional insureds, and insured-versus-insured provisions.
Construction Defect Coverage
Full Circle Regression: the New ISO "Your Work" Endorsements
2002-01-01 | Patrick J Wielinski
Design and Professional Liability
Architects and "Design and Construct" Liability under the Americans with Disabilities Act
2001-12-08 | Kenneth A Slavens
Design and Professional Liability
Problems with Arbitration in Design-Build
2001-11-17 | Kent Holland
Design and Professional Liability
You Just Stood There? The Design Professional's Responsibility for Job Site Injuries
2001-09-22 | Kenneth A Slavens
Construction Defect Coverage
Glorifying Form over Substance: "Legally Obligated" in the CGL Insuring Agreement
2001-08-01 | Patrick J Wielinski
Design and Professional Liability
Design-Build Engineer Held Liable for Negligence
2001-07-21 | Kent Holland
Construction Defect Coverage
Back to the Exclusions—The "Subcontractor" Exception
2001-05-01 | Patrick J Wielinski
Design and Professional Liability
Negligent Misrepresentation: Chipping Away at the Design Professional's Protection under the Economic Loss Doctrine
2001-03-01 | Kenneth A Slavens
Liability Insurance
Coordinating Persons Insured in Primary and Excess Liability Policies
2001-02-01 | Richard Rudolph
