Commercial Liability Articles

Liability Insurance

When a Breach of Contract Constitutes an Accident

2000-07-01 | Jill B Berkeley

Courts that confuse damages arising in "tort" with damages arising in "contract" overlook an important legal principle, as well as misuse the concept of "negligence" in the insurance context. The argument that concludes no coverage exists for breach of contract actions puts the cart before the horse. Jill Berkeley explains.

Construction Defect Coverage

Defective Work as an Occurrence

2000-07-01 | Patrick J Wielinski

Explore the complexities of "occurrence" definitions in CGL policies and understand the divergent court interpretations across the United States.

Design and Professional Liability

Project-Specific Professional Liability: Who Really Pays for Design Errors?

2000-05-01 | David H Collings

David Collings looks at professional liability arising out of project design and construction management services.

Liability Insurance

When Negligent Conduct Does Not Constitute an Accident

2000-03-01 | Jill B Berkeley

Jill Berkeley looks at how courts have answered the question of when does negligent conduct constitute an accident, and when does it not.

Liability Insurance

Additionally Insured or Held Harmful?

2000-03-01 | Richard Rudolph

Use of the additional insured and the hold harmless clause approach without some other modifications to the CGL policy can result in a risk being ineffectively transferred or not transferred at all, contrary to the expectations of the parties. Richard Rudolph explains.

Liability Insurance

The 1999 CGL Insuring Agreement: ISO's "Montrose Endorsement"

2000-03-01 | W Jeffrey Woodward

Discover how the 1999 CGL insuring agreement and ISO's "Montrose Endorsement" impact coverage in light of "known loss" issues and judicial developments.

Construction Defect Coverage

The Changing Landscape of Coverage Disputes over Defective Work Claims

2000-03-01 | Patrick J Wielinski

Patrick Wielinski reviews the move away from using the traditional property damage exclusions as a basis to deny coverage for defective work claims to using the definitions of "occurrence" and "property damage," together with the insuring agreement.