Commercial Liability Articles
Latest Articles
Design and Professional Liability
What Is Subrogation ... and Why Is My Contract Waiving It?
2000-12-01 | Kenneth A Slavens
Do you really know what you're doing when you sign a waiver of subrogation? Ken Slavens explains what it is and how it helps you manage risk.
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.
Design and Professional Liability
What Is Subrogation ... and Why Is My Contract Waiving It?
2000-12-01 | Kenneth A Slavens
Design and Professional Liability
Professional Liability: Are Contractors Adequately Protected?
2000-12-01 | Fred Muse
Construction Defect Coverage
More on Defective Work as an Occurrence
2000-11-01 | Patrick J Wielinski
Design and Professional Liability
AIA Standard Form Is an Acceptable "Allocation of Risk" between "Sophisticated Business Actors"
2000-09-01 | Kenneth A Slavens
Design and Professional Liability
Insurance for Architect- and Engineer-Led Design-Build Projects
2000-08-01 | David H Collings
Design and Professional Liability
Project-Specific Professional Liability: Who Really Pays for Design Errors?
2000-05-01 | David H Collings
Liability Insurance
When Negligent Conduct Does Not Constitute an Accident
2000-03-01 | Jill B Berkeley
