Contractual risk transfer is often confused with insurance coverage; and certificates of insurance are ALWAYS confused for a document with any real meaning or power. This article focuses on one…
Before reviewing the exclusions, exceptions, and exceptions to exceptions, you must confirm the loss even qualifies for coverage based upon the grant of coverage found in the insuring agreement.
Most general liability coverage cases, that address whether “property damage” has taken place, focus on the “physical injury to tangible property” aspect of the definition. You can see that a…
“An” insured does not equal “the” insured in any policy; however, carriers like to broaden the meaning of “an” insured in the BAP care, custody or control exclusion to make…
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…
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…
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…
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…
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…
As ridiculous as it sounds, the entity being sued has to be an insured to garner any protection from the commercial general liability policy.
