Commercial Liability Articles
Latest Articles
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.
Construction Defect Coverage
The Changing Landscape of Coverage Disputes over Defective Work Claims
2000-03-01 | Patrick J Wielinski
Patrick Wielinski reviews the move away from using the traditional property damage exclusions as a basis to deny coverage for defective work claims to using the definitions of "occurrence" and "property damage," together with the insuring agreement.
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
Liability Insurance
The 1999 CGL Insuring Agreement: ISO's "Montrose Endorsement"
2000-03-01 | W Jeffrey Woodward
Construction Defect Coverage
The Changing Landscape of Coverage Disputes over Defective Work Claims
2000-03-01 | Patrick J Wielinski
