Product Update

"Damage to Property" Exclusion Discussion Updated in Commercial Liability Insurance


The "damage to property" exclusion of the standard commercial general liability (CGL) coverage form is one of the most important coverage features of general liability insurance and is also one of the most frequently disputed and litigated. The current annotation of that exclusion has been revised and expanded in this Commercial Liability Insurance release to include recent important court decisions that either confirm or modify the industry's understanding of portions of this important exclusion, such as the "care, custody or control" exclusion and the "premises sold"—the so-called alienated premises—exclusion. Of special interest to service and construction contractors, of course, are paragraphs j.(5) and j.(6) of the exclusion—the "that particular part" exclusions. Recent appellate court decisions addressing the causal connection between the insured's operations being performed and the ensuing property damage are discussed, as are court rulings on the application of the exclusion exclusively to work-in-progress claims.

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