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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.

Liability Insurance

Gun Violence and the CGL Policy

2001-02-01 | W Jeffrey Woodward

Discover how commercial general liability (CGL) policies respond to gun violence claims and the challenges of establishing coverage in court.

Construction Defect Coverage

Insurance Coverage for Mold Arising Out of Defective Workmanship

2001-02-01 | Patrick J Wielinski

Discover how contractors navigate insurance coverage for mold issues due to defective workmanship, including legal interpretations and policy implications.

Construction Liability Insurance

How Well Does That Blanket Cover You?

2001-02-01 | Ann Hickman

Blanket additional insured endorsements are useful tools for preventing administrative oversights and reducing paperwork, but they also carry risks for both the named and additional insureds. Discover methods contractors and subcontractors can use to minimize the risks of breaching their contracts when using blanket AI endorsements.

Liability Insurance

Spoliation of Evidence: The Next Frontier for Insurance Coverage Battles

2001-01-01 | Jill B Berkeley

Over the past several years, courts have fashioned a new cause of action deriving from products liability cases when evidence is destroyed, lost, or altered: spoliation of evidence. Does the post-1986 ISO, CGL policy cover this loss? See why this author thinks so.

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