Commercial Lines

Pollution Exclusion Found to Hold “Ambiguity” by Rhode Island Supreme Court

When my plumbing contractor husband recently renewed his general liability coverage, he asked our agent if he would have coverage if his employee installed a gas water heater and it…

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Exclusions j.(5) and j.(6): Appeals Court Provides a Simple Tutorial

Decisions addressing the applicability of exclusions j.(5) and j.(6), given their often fact-intensive nature, are sometimes complex. But not MTI, Inc. v. Employers Insurance Company, No-17-6206 (10th Cir. 2019). It…

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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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A Construction Defect Coverage Case Worth Noting

The California Appeals Court recently ruled on the application of the CGL’s j(5) and j(6) exclusion in regard to construction defect cases. This article highlights the key findings in the…

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‘However’ – the Word that Neutralizes the ‘Absolute’ Pollution Exclusion

Amazingly claims adjusters still believe the commercial general liability’s (CGL’s) “absolute” pollution exclusion is, in fact, absolute. Bizarre stories abound of claim denials arising out of misapplications of the exclusion.…

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CGL Care, Custody and Control by Contractors

You insure a residential painting contractor. Many of his customers give him access to their homes when they are not around. What if he damages the premises while having sole…

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