New Jersey Insurance Litigation: Chapter 4 Commercial Lines: Commercial General Liability Policies

New Jersey Insurance Litigation: Chapter 4 Commercial Lines: Commercial General Liability Policies

Access Free Download of 4.03 Checklist: Reviewing General Liability (CGL) Policy

Access Free Download of 4.05 Indentifying Coverages: Policy Section I

Chapter 4 Commercial Lines: Commercial General Liability Policies in LexisNexis Practice Guide New Jersey Insurance Litigation, 2010 Edition written by distinguished New Jersey insurance attorneys Robert B. Hiile and Mark R. Vespole covers the basic format and structure of CGL policies, the current and historical ISO forms, exclusions, endorsements and scope of coverages. Specifically the chapter deals with policy provisions that have been the subject of frequent litigation and reported New Jersey case law. For example, the authors include four checklists for step-by-step guidance in reviewing a CGL policy, defining scope of bodily injury and property damage liability coverage, identifying exclusion of coverage for bodily injury and property damage liability, and identifying scope of personal and advertising injury liability coverage and exclusions.  Each checklist includes applicable NJ statutes and caselaw.  For example:

§ 4.03 CHECKLIST: Reviewing Commercial General Liability (CGL) Policy

Review exclusions that eliminate or make exceptions to coverage.

Authority:

Proformance Ins. Co. v. Jones, 185 N.J. 406, 887 A.2d 146 (2005) ;   Auto Lenders Acceptance Corp. v. Gentilini Ford, Inc., 181 N.J. 245, 854 A.2d 378 (2004) ;   Hampton Medical Group, PA v. Princeton Ins. Co., 366 N.J. Super. 165, 840 A.2d 915 (App. Div. 2004).

Forms:

ISO CGL 2001 Form CG 00 02 10 01 (Commercial General Liability Coverage Form--Coverages A and B Provide Claims-Made Coverage)

ISO CGL 1998 Form CG 00 01 07 98 (Commercial General Liability Coverage Form)

Discussion:

See § 4.05[1] below.

The chapter also includes discrete coverage and guidance for identifying coverages in a CGL policy, defining the insured, applying exclusions, analyzing clauses, and identifying triggers of coverage. For example:

§ 4.21 Applying Pollution Exclusion

This exclusion covers the release, discharge, or escape of pollutants. It has been the subject of much litigation. The issues center around what is an occurrence and how to measure and allocate damages. See § 4.14 above for a discussion of these issues.

The main purpose of the pollution clause is a broad exclusion for traditional environmentally related damages, such as remediating hazardous waste. It is intended to deny coverage to intentional polluters. Yet it is not so broad as to exclude from coverage essentially all pollution hazards. It is limited to traditional environmental pollution claims. Nav-Its, Inc. v. Selective Ins. Co. of America, 183 N.J. 110, 869 A.2d 929 (2005) (exclusion did not apply to fumes from coating/sealing work done by construction contractor). See also Byrd ex rel. Byrd v. Blumenreich, 317 N.J. Super. 496, 722 A.2d 598 (App. Div. 1999) (exclusion did not apply to infant exposed to lead chips and dust flaking off of lead paint in parent's apartment).

Forms: ISO CGL 2001 Form CG 00 02 10 01 (Commercial General Liability Coverage Form--Coverages A and B Provide Claims-Made Coverage)

ISO CGL 1998 Form CG 00 01 07 98 (Commercial General Liability Coverage Form)

Robert B. Hille is a partner in the law firm of Kalison, McBride, Jackson & Murphy, P.A., in Warren, New Jersey. Concentrating on Insurance and Healthcare Law, Mr. Hille has extensive trial experience and has litigated a number of insurance coverage, healthcare, professional liability defense, dispute resolution, fraud and abuse, and regulatory matters.

Mark R. Vespole is a partner in the Newark, New Jersey office of Tressler, Soderstrom, Maloney & Priess, a national litigation and insurance services law firm. Having tried and litigated numerous commercial, insurance and securities matters in state and federal courts and before arbitration panels throughout the country, Mr. Vespole's practice includes insurance coverage and defense litigation arising out of first-party and third-party property and casualty, life and health, professional liability, employment practices and director's and officer's liability policies, as well as corporate raiding, and securities arbitrations and compliance matters for broker-dealers and registered representatives.

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