Commercial Lines

H3N2 Flu and Workers’ Compensation

Record flu seasons often garner heavy media attention. When any strain of the flu is in the news, whether it be Swine flu, Bird flu or 2018’s H3N2 strain the…

Duty to Defend – In the Words of the Court

Generally, an insurer’s duty to defend flows from the facts alleged in the lawsuit. When the pleadings alleged damage or injury that is covered by the policy, the insurance carrier…

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Employees in Work Comp: Two Key Work Comp Questions

Workers’ compensation, as a coverage, is simple. A worker gets hurt, the work comp policy pays – theoretically; that’s the simple part. The more complicated areas of workers’ compensation involve…

Actual Cash Value and the Depreciation of Labor

The concept of actual cash value (ACV) is far more complicated than “replacement cost minus physical depreciation.” In fact, the meaning of replacement cost differs based on the state. To…

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Pollution Exclusion: Have the Reports of its Death Been Greatly Exaggerated

Insurance carriers may now have boundaries by which the “absolute” pollution exclusion can be applied, at least in Washington state. But the boundaries are pretty well laid out by two…

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Painkillers in Workers’ Compensation

On any given day in the United States, perhaps 500,000 injured workers are under treatment for chronic pain; a great majority ingest opioids. There may well be 100,000 injured workers…

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It’s Important to List All Insureds – If You Are Trying to Avoid E&O Suits

As ridiculous as it sounds, the entity being sued has to be an insured to garner any protection from the commercial general liability policy.

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Does Additional Insured Status Replace the Need for a Waiver of Subrogation?

Lower tier contractors seem to be fighting back on some contractual insurance requirements – even to the point of making improper claims. One in particular is that making another party…

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