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Duty to Indemnify – Bodily Injury and Property Damages – New Appleman on Insurance Law Library Edition, Chapter 18

By Martha Kersey, Esq. This chapter addresses an insurer’s obligation to indemnify its insured for damages for “bodily injury” and “property damages” under Coverage A of a commercial general liability policy. Coverage A of a standard commercial general liability (“CGL”...

McCarter & English on Duty To Defend Obligation Arises For Portee Claim In New Jersey Even In Absence Of Allegation Of Physical Injury

By Jason M. Alexander and David A. Thomas, Associates, McCarter & English, LLP The Supreme Court of New Jersey in Abouzaid v. Mansard Gardens Associates, LLC , 2011 N.J. Lexis 684 (June 21, 2011) held that a claim filed under Portee v. Jaffee , 84 N.J. 88 (1980) (an allegation of severe emotional...

Appeals Court Pushes Back On Insurer’s Effort To Limit Construction Site Bodily Injury Claims

Insurers have long been writing endorsements to reduce their exposure for property damage caused by construction defects. These efforts have been taking place with First Manifestation, Loss in Progress and similarly named endorsements. Of course, insurers also face enormous exposure for bodily injury...