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Commercial Liability Articles


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Design and Professional Liability

Professional Liability: Are Contractors Adequately Protected?

2000-12-01 | Fred Muse

Fred Muse discusses as the lines of responsibility between design firms and contractors merge and contractors are assuming nontraditional risk whether their core insurance coverages are being addressed.

Construction Defect Coverage

More on Defective Work as an Occurrence

2000-11-01 | Patrick J Wielinski

Discover how to navigate the complexities of defective work claims and understand the implications of court opinions on construction defect coverage.

Design and Professional Liability

AIA Standard Form Is an Acceptable "Allocation of Risk" between "Sophisticated Business Actors"

2000-09-01 | Kenneth A Slavens

The Fourth Circuit court has ruled the accrual provision in AIA 11.3 to be enforceable. The court held that the clause, which determines when the statute of limitations begins to run, is not against public policy. Ken Slavens discusses.

Design and Professional Liability

Insurance for Architect- and Engineer-Led Design-Build Projects

2000-08-01 | David H Collings

This article reviews the liability insurance typically purchased by architects and engineers, and examines how well it works in design-build settings.

Liability Insurance

When a Breach of Contract Constitutes an Accident

2000-07-01 | Jill B Berkeley

Courts that confuse damages arising in "tort" with damages arising in "contract" overlook an important legal principle, as well as misuse the concept of "negligence" in the insurance context. The argument that concludes no coverage exists for breach of contract actions puts the cart before the horse. Jill Berkeley explains.

Construction Defect Coverage

Defective Work as an Occurrence

2000-07-01 | Patrick J Wielinski

Explore the complexities of "occurrence" definitions in CGL policies and understand the divergent court interpretations across the United States.

Design and Professional Liability

Project-Specific Professional Liability: Who Really Pays for Design Errors?

2000-05-01 | David H Collings

David Collings looks at professional liability arising out of project design and construction management services.

Liability Insurance

When Negligent Conduct Does Not Constitute an Accident

2000-03-01 | Jill B Berkeley

Jill Berkeley looks at how courts have answered the question of when does negligent conduct constitute an accident, and when does it not.

Liability Insurance

Additionally Insured or Held Harmful?

2000-03-01 | Richard Rudolph

Use of the additional insured and the hold harmless clause approach without some other modifications to the CGL policy can result in a risk being ineffectively transferred or not transferred at all, contrary to the expectations of the parties. Richard Rudolph explains.

Liability Insurance

The 1999 CGL Insuring Agreement: ISO's "Montrose Endorsement"

2000-03-01 | W Jeffrey Woodward

Discover how the 1999 CGL insuring agreement and ISO's "Montrose Endorsement" impact coverage in light of "known loss" issues and judicial developments.