Loss of Use as Property Damage—Not all losses to or impairment of property is considered property damage. Craig Stanovich delves into the evolution and application of the term as it pertains to liability insurance.
Most liability insurance policies contain a 'severability of interests' condition, which stipulates that coverage applies 'separately' to each insured. This article, and the two to follow, examine coverage issues raised by this condition in the ISO CGL policy.
Insurance professionals must make determinations whether 'mobile equipment' is subject to motor vehicle registration and financial responsibility laws or compulsory insurance laws. Craig Stanovich provides advice.
Craig Stanovich discusses the new changes to the additional insured endorsements and the introduction of a limitation to the definition of 'insured contract' characterized by ISO as coverage reductions.
In March, Insurance Services Office, Inc. (ISO) began filing a revision of the standard commercial general liability (CGL) insurance coverage form, scheduled for implementation with policies written or effective on or after December 1, 2004. In this article, Jeff Woodward looks at the most significant revisions.
Illegal Employment Contracts and Workers Compensation Injuries Jim Pocius examines situations where employers have attempted to limit workers compensation benefits to their employees, and the courts' response.
This article reviews OSHA's efforts to implement ergonomic regulations, presents details on the current proposed voluntary program, supplies information on a new legislative challenge, and discusses a recent study dealing with the causes of loss in the workplace.
A new edition of the Insurance Services Office, Inc. (ISO), commercial general liability (CGL) policy was implemented in December. This article summarizes the significant changes in coverage, particularly as respects coverage for Internet exposures.
Most employers assume they must choose between traditional insurance or self-insurance for workers comp. Martin McGavin examines the "unbundling" option, how it works, and its advantages and disadvantages.
Medicare now believes there has been an illegal shift of medical benefits from workers compensation insurers to Medicare. To stem this flow, Medicare hopes to examine all workers comp settlements, even when claimants do not qualify for Medicare benefits. See what may be in store in this controversial area.
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.
Too often little attention is paid to exactly how coverage follows the various insureds from underlying policies into umbrella/excess layers. Learn three important points to review when coordinating coverage: the named insureds; the additional insureds; and insured-versus-insured provisions.
The gun violence public policy debate has moved into the courts where individual, class-action, and governmental plaintiffs are all seeking to hold firearms manufacturers and distributors legally liable for injuries caused by guns. Learn how the First Circuit court's unwillingness to view such claims as anything other than 'bodily injury arising out of your product' suggests that CGL coverage in such litigation will be hard to establish.
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.
It is common for businesses to involve multiple corporate, partnership, and joint venture entities, and there are a number of subtle nuances that can effect how insurance coverage applies to these entities. Care must be taken to identify them and assure that insured status is properly provided under CGL policies. Learn how in this insightful article.
In these changing business times, it is often difficult to discern who the real employer is with regard to the employer/employee relationship. The traditional employer/employee relationship is being eroded as employers turn to temporary agency workers, independent contractors, and leased employees to enhance their competitive advantage. This article explains the common-law method of defining the employer/employee relationship and provides cost saving tips for risk management.
When it comes to workers compensation benefits, some states are much more generous than others. Learn how jurisdiction is determined, what problems can arise when more than one state is involved, and risk management tips for saving time and money.
Employee leasing offers a variety of benefits, including a possible reduction in net expenses. However, it is not a strategy without risk. This article reviews some of the issues to assess when considering this option.
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.
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.
ISO has revised the CGL insuring agreement to address "known loss" issues raised by the California Supreme Court in Montrose Chemical v Admiral. Find out how significant the new restrictions on coverage are.