Insurance Law

Recent Posts

Understanding The “Your Work” Exclusion In CGL Insurance Policies
Posted on 19 Mar 2014 by Vandeventer Black LLP

By attorney Maggie Finnegan Most construction contracts require contractors to carry CGL insurance to cover potential liability due to property damage and bodily injury. However, it is important to note that CGL policies often include numerous policy... Read More

CGL Carrier’s Duty To Defend Was Triggered Where Non-Professional Work Was Alleged and, Therefore, the Professional Services Exclusion Did Not Apply to Remove All Possibility of Coverage
Posted on 12 Jun 2014 by Troutman Sanders

North Counties Engineering, Inc. v. State Farm General Ins. Co. , 224 Cal. App. 4th 902 (2014), [ enhanced version available to lexis.com subscribers ]. In North Counties Engineering , the California Court of Appeal held that an insurer’s... Read More

Supreme Court of South Carolina Bars Insurance Coverage in Defective Construction Case with a Twist
Posted on 30 Jul 2013 by Anderson Kill

By Scott C. Turner, Attorney, Anderson Kill SUMMARY: Wednesday, the Supreme Court of South Carolina issued its decision in Bennett & Bennett Const., Inc. v. Auto Owners Ins. Co. , 2013 S.C. LEXIS 170 (S.C. 2013), holding that Commercial General... Read More

ISO Pull Up A Stool: Federal Appeals Court Offers A Different Way To, Er, Draft A Liquor Liability Exclusion
Posted on 16 Jul 2014 by Randy J. Maniloff

A couple of the amendments to the 2013 version of ISO’s workhorse commercial general liability policy (CG 00 01) involve the Liquor Liability exclusion. In general, it has been amended to state that it applies even if the claims against any insured... Read More

Don’t Let a Viable Defendant Walk Free
Posted on 7 May 2014 by Barry Zalma

I have many times in this space cautioned against giving up the ability to sue and collect from a viable defendant with assets to seek damages from an insurer. In Jennifer A. Stephens, as Personal Representative of the Estate of Charles Eugene Becker... Read More

Why I Don’t Own A Stairmaster
Posted on 21 Jul 2014 by Randy J. Maniloff

In Landmark American Insurance Co. v. VO Remarketing Corp, No. 13-1386 (D. Colo. June 13, 2014), [ enhanced version available to lexis.com subscribers ], a Colorado federal court interpreted the terms “finally delivered” as used in the “auto... Read More

Buyer’s Remorse: Exclusions Serve an Important Purpose
Posted on 30 Apr 2014 by Barry Zalma

No insurance policy covers every possible risk faced by a person or business. Liability insurance policies are written to cover certain risks faced by a person or entity at a price the person or entity finds affordable. Some risks can be easily avoided... Read More

U.S. 8th Cir: No CGL Cover for Property Damage to Insured Contractor’s Own Defective Work and Resulting Loss on Use During Its On-Going Operations
Posted on 30 May 2013 by Anderson Kill

By Scott C. Turner, Attorney, Anderson Kill On May 20, the Eighth Circuit of the U.S. Court of Appeals issued its decision in Spirtas Co. v. Nautilus Ins. Co., --- F.3d ---- 2013 U.S. App. LEXIS 10031 (8 th Cir. 2013) (Mo. law) [ enhanced version available... Read More

The CGL “Business Risk” Exclusions
Posted on 22 Jan 2014 by LexisNexis Insurance Law Newsroom Staff

By David Smith I recently came upon an interesting case from the United States Court of Appeals for the First Circuit that examined the complex and confusing Commercial General Liability (CGL) “business risk” exclusions. Oxford Aviation... Read More

Don’t Buy a Pig in a Poke – Carbon Monoxide Is a Pollutant
Posted on 9 Apr 2014 by Barry Zalma

Commercial General Liability (CGL) insurance provides extensive coverage to those insured by the CGL. However, it does not cover every possible event or injury. In Church Mutual Insurance Company v. Clay Center Christian Church, Defendant, Cheryl S. Green;... Read More

Pennsylvania Court Holds Pollution Exclusion Applies to Pig Farm Odor Claim
Posted on 11 Apr 2012 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Travelers Property Casualty Company of America v. Chubb Custom Insurance Co., 2012 U.S. Dist. LEXIS 44756 (E.D. Pa. Mar. 30, 2012), the United States District... Read More

Absolute Pollution Exclusion Still Unenforceable in Indiana
Posted on 10 Apr 2014 by Seth Lamden

By Seth Lamden The Insurance Committee of the Indiana State Senate has voted 6 to 3 against House Bill 1241 , which would have amended the Indiana Insurance Code to specify the manner in which the term "pollutant" must be construed... Read More