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Commercial Liability Articles


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Design and Professional Liability

Are You Really Protected from Consequential Damages Exposure?

2005-11-01 | Michael C Loulakis

In discussing Action Ind. v. USF&G, Michael Loulakis points out the importance of a full waiver of consequential damages for anything arising out of or related to the design-build contract.

Design and Professional Liability

Higher Policy Limits for Specific Projects

2005-10-22 | David H Collings

David Collings explains that architects and engineers do not need to avoid projects that require higher insurance limits. Other options are available, such as adjusting professional liability limits.

Liability Insurance

Auto versus Mobile Equipment in the 2004 CGL—An Update

2005-10-01 | Craig F Stanovich

Insurance professionals must make determinations whether "mobile equipment" is subject to motor vehicle registration and financial responsibility laws or compulsory insurance laws. Craig Stanovich provides advice.

Design and Professional Liability

The Exception Is Swallowing the Rule: Negligent Misrepresentation and the Economic Loss Doctrine

2005-07-01 | Kenneth A Slavens

Ken Slavens relates a recent Pennsylvania case allowing recovery where the defendant is in the business of supplying information for the guidance of others and makes a negligent misrepresentation.

Design and Professional Liability

The "Bargained-for" Result: Torts, Contracts, and Statutes of Limitation

2005-06-01 | Kenneth A Slavens

Limitations for contract and tort actions may differ. The applicable statute oflimitation is properly related to the remedy, rather than to the theoryof liability. Ken Slavens explains.

Design and Professional Liability

Dealing with Ambiguities in Design-Build Contracts

2005-01-15 | Michael C Loulakis

Mike Loulakis discusses recent case law supporting the view that an owner retains liability to the design-builder when it provides faulty or ambiguous information to bidders.

Liability Insurance

CGL—Covered Locations

2004-12-01 | Craig F Stanovich

The CGL policy is subject to its actual terms and conditions, including the policy territory. Craig Stanovich takes a look at the many facets of what constitutes "covered locations."

Liability Insurance

The New ISO Commercial General Liability Policy: A Summary of December 2004 Policy Changes

2004-10-01 | Craig F Stanovich

Craig Stanovich reviews the changes to the current October 2001 edition CGL policy and discusses two completely new ISO forms dealing with electronic data and product withdrawal.

Construction Defect Coverage

Recent Case Law Applying the Subcontractor Exception: Too Little Too Late?

2004-08-01 | Patrick J Wielinski

Pat Wielinski discusses two court rulings that could result in a catastrophic reduction in CGL coverage for many contractors, creating a coverage gap that will be extremely difficult to fill.

Design and Professional Liability

Making the Most of Standard Indemnity Clauses

2004-06-19 | Kenneth A Slavens

Ken Slavens relates the case of Nusbaum v. The City of Kansas City and the Missouri Supreme Court's application of indemnification clauses found in AIA documents.