When Does the Carrier’s Duty to Defend End?
Although it seems reasonable that the carrier’s duty to defend ends when no insurable allegations remain in the suit – this is not necessarily always true. Some courts have a…
Commercial General Liability (CGL)
Lawyers Dwell On Small Details: Court Defines “The” — The Sometimes Overlooked Issue
Attorney Randy Maniloff introduces us to the difference between “the” insured and “an” or “any” insured in the insurance policy. Many ignore these little words (“the,” “an” or “any”) in…
Personal and Advertising Injury: Another Case Where ISO May Be Broader
Proprietary coverage forms are not always better than Insurance Services Office (ISO) forms. Careful comparison is required to confirm the insured is not harmed by non-ISO language. A recent Illinois…
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…
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…
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.
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…
Contractors Professional and Pollution Liability Coverage: A Gap-Filling Necessity!
Contractors’ Professional and Pollution Liability is the contractor’s coverage solution. Often referred to as either the Contractors Pollution and Professional Insurance, the Contractor’s Protective Professional Indemnity coverage, or simply “CPPI,”…
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…
The Underwriting Period
Every state and the District of Columbia grants insurance carriers an “underwriting period.” Insurance carriers are granted broad authority to cancel a newly-written policy during this statutorily-limited period.
