Growing Abuse Of The Absolute Pollution Exclusion

Size: px
Start display at page:

Download "Growing Abuse Of The Absolute Pollution Exclusion"

Transcription

1 Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY Phone: Fax: Growing Abuse Of The Absolute Pollution Exclusion Law360, New York (February 10, 2011) -- Courts have struggled with the scope of the so-called absolute pollution exclusion since its inception in Two schools of thought have developed: Some courts limit its application to traditional environmental pollution, while others apply it to a much broader array of substances that may be considered hazardous or toxic. In the latter group of states, the past year has seen a startling expansion of the application of the exclusion. These courts have held that the plain and broad language of the pollution exclusion covers releases not only of toxic waste materials into the environment but also of pollutants including herbicides, fertilizers, dirt and dust that are used in or released as a result of the insured s essential business activities. Many policyholders do not believe that they need to purchase pollution coverage because their business does not include hazardous waste. However, recent case law reveals that any company that uses a substance that may be considered toxic now need to consider whether they need to add pollution coverage to their insurance profile. Cases Finding the Pollution Exclusion Applies to Bar Coverage Mendoza The underlying plaintiff in Union Insurance Co. v. Mendoza, No , 2010 U.S. App. LEXIS (10th Cir. Dec. 13, 2010), Karla Mendoza, sued the insured, Irsik G&B Farms. She alleged that while she was working on a road construction project near Irsik s property, an Irsik employee checked the system used to apply anhydrous ammonia fertilizer spray with a tractor, releasing vapors that engulfed Mendoza. This resulted in difficulty in breathing and required medical attention.

2 Mendoza and Irsik entered a $1 million consent judgment, which Mendoza agreed not to execute against Irsik. The company that issued Irsik s farm owners/ranch owners insurance policy then sought a declaratory judgment that the policy s pollution exclusion barred coverage for the consent judgment. The federal district court, Kansas Supreme Court, and the U.S. Court of Appeals for the Tenth Circuit all agreed that the pollution exclusion applied. It found that anhydrous ammonia, while useful as a fertilizer in farming operations, was unambiguously a pollutant under the policy. New Salida The Tenth Circuit also applied the exclusion in a New Salida Ditch Co. v. United Fire & Casualty Insurance Co., No , 2010 U.S. App. LEXIS (10th Cir. Oct. 28, 2010). In New Salida the pollutants triggering the application of exclusion were soil, rock, dirt and fill materials. In 2005, the insured, New Salida Ditch Co., repaired an irrigation ditch in Salida, Colo., along the Arkansas River, causing dirt, rock, soil and fill material to enter the river and riverbank. Federal and state agencies ordered New Salida to undertake a corrective action and pay civil penalties, identifying the soil, fill and other materials as pollutants under the federal Clean Water Act and Colorado s equivalent. New Salida submitted a claim for defense and indemnity costs to its commercial general liability carrier, which denied coverage, and New Salida filed suit. The district court found the policy s definition of the term pollutant, for purposes of the total pollution exclusion clause, unambiguously included the soil and fill materials that entered the river, rejecting New Salida s assertion that fill material would have to be specifically listed in order to be a pollutant. Because the policy language was clear, the reasonable expectations of the policyholder were irrelevant. The Tenth Circuit affirmed, briefly stating that based on a review of the record and legal authority, the district court properly denied coverage. Devcon The underlying claim in Devcon International Corp. v. Reliance Insurance Co., Nos / , 2010 U.S. App. LEXIS (3d Cir. June 8, 2010), was a nuisance suit brought by residents of the neighborhood around an airport, alleging the insured construction contractor s work at the airport generated large quantities of dust that drifted over the plaintiffs property. This contaminated their drinking water and caused breathing problems, leading the U.S. Virgin Islands Department of Planning and Natural Resources to order the airport operator to undertake dust control measures and provide relocation assistance and drinking water to residents until the project was completed.

3 The Third Circuit found the plain language of the pollution exclusion was clear and meant that there was no insurance coverage for bodily injury or property damage resulting from releases of airborne solids or fumes such as the dust clouds at issue. Universal Crop Protection Alliance In the underlying suit in Scottsdale Insurance Co. v. Universal Crop Protection Alliance LLC, 620 F.3d 926 (8th Cir. 2010), 80 Arkansas cotton farmers alleged that an herbicide distributed by the insured, Universal Crop Protection Alliance (UCPA), damaged plaintiffs cotton fields when the herbicide was applied off-target or relofted after it was applied to nearby rice fields. UCPA s CGL insurer sought a declaration that it had no duty to defend or indemnify UCPA under the pollution exclusion in the policy, which barred coverage for property damage that would not have occurred but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants, including any solid, liquid, gaseous or thermal... contaminant, including... chemicals. The district court granted summary judgment for the insurer, and the Eighth Circuit affirmed. The court found simply that the pollution exclusion is broad and unambiguously relieves Scottsdale of any obligation to defend or indemnify UCPA from the cotton farmers claims under either the off-target drift or relofting theories of migration. Lang Nationwide Mutual Insurance Co. v. Lang Management Inc., Case No (S.D. Fla. Oct. 7, 2010), like UCPA, involved an herbicide. The underlying plaintiff owned the golf course and alleged that a subcontractor for the insured property maintenance company, Lang Management, contaminated the lakes on the golf course with an herbicide, Diuron, which is toxic to humans, animals and plants. When the lake water was used the irrigate the golf course, the herbicide was spread around the entire property. Lang s CGL and commercial umbrella carrier brought a declaratory judgment action asserting that the pollution exclusion in each policy barred coverage. The exclusion applied first, to bodily injury and property damage claims which would not have occurred in whole or part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at any time and, second, to any loss, cost or expense arising out of any... request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize or in any way respond to, or assess the effects of pollutants. Pollutant was defined as any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fume, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed.

4 The court found that Diuron clearly was a pollutant and that the underlying claim arose from a request or demand that the insured, or others, monitor, respond to or assess the effects of the herbicide use on the golf course. The pollution exclusion therefore applied to bar coverage. Prime Tanning In Prime Tanning Co. Inc. v. Liberty Mutual Insurance Co., F. Supp. 2d (D. Me. 2010), the insured operated a leather tannery in St. Joseph, Mo. The tannery produced a sludge byproduct, which was spread on farms in Missouri as a fertilizer with the approval of environmental agencies, from 1983 until early Then, several farm owners sued Prime, asserting that the sludge contained hexavalent chromium and damaged their property. Prime s CGL insurer declined to defend or indemnify Prime, which filed a declaratory judgment action against the carrier. The CGL policies' pollution exclusions provided that they did not cover claims for bodily injury or property damage arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any water course or body of water. The court found that under both Maine and Missouri law, the pollution exclusion barred coverage for the farmers suit. Clipper Mill Avalon Wellness LLC, the plaintiff in the underlying suit in Clipper Mill Federal LLC v. Cincinnati Insurance Co., Civ. No. JFM , 2010 U.S. Dist. LEXIS (D. Md. Oct. 20, 2010), was a former tenant of the insured, Clipper Mill. Avalon alleged it had to abandon the suite it had rented for its psychotherapy, counseling and massage business, because: 1) temperatures in the rooms were not effectively controlled by the HVAC system; 2) sound traveled between rooms in a way that threatened the confidentiality of therapy sessions; and 3) toxic airborne pollutants made one of Avalon s principals sick. Clipper Mill in turn sought a declaratory judgment that its CGL carrier had a duty to defend and indemnify Clipper Mill from the Avalon suit. Clipper Mill s CGL policy s pollution exclusion excluded from coverage claims arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release, escape or emission of pollutants... at or from any premises, site or location which is or as at any time owned or occupied by, or rented or leased to, any insured.

5 In Clendenin Bros Inc. v. United States Fire Insurance Co., 889 A.2d 387 (Md. 2006), a Maryland state court observed that historically, the insurance industry intended the pollution exclusion to apply only to environmental pollution and environmental exposures. Clipper Mill s policy, however, specified that *p+ollutants include but are not limited to substances which are generally recognized in industry or government to be harmful or toxic to persons, property or the environment. Thus, the exclusion extended the definition of pollutants to substances harmful to people as well as in the environment. Avalon s claims for personal injury and property damage caused by airborne toxins therefore were within the pollution exclusion. However, an exception for bodily injury claims caused by the inadequate ventilation of vapors potentially applied, so the court denied summary judgment. Cases Finding the Exclusion Inapplicable The insureds did manage to beat back their insurers in several cases. These cases are still of interest because they demonstrate that insurers are continuing to try to expand the boundaries of the exclusion. Half Court Press In Builders Mutual Insurance Co. v. Half Court Press LLC, Civ. A. No. 6:09-cv-00046, 2010 WL (W.D. Va. Aug. 3, 2010), in contrast to New Salida and Devcon, the court found that the pollution exclusion did not bar coverage for claims that water, soil and sediment escaping from the insured s property damaged adjacent property. The underlying plaintiff alleged the insured developer constructed homes on its property without taking appropriate erosion and sediment control measures, allowing soil, water, debris and sediment to flow onto the plaintiff s downgrade property, damaging a lake. The plaintiff sought damages and injunctive relief, and the defendant s CGL insurer sought a declaratory judgment on its duties to defend and indemnify the developer. The contractor s CGL policy contained a pollution exclusion barring coverage for claims which would not have occurred in whole or in part but for the actual, alleged or threatened discharge, disposal, seepage, migration, release or escape of pollutants at any time. The court found that although under some circumstances, sediment could be a pollutant, the damage at issue was allegedly caused, in part, by water, which clearly was not a pollutant. Therefore, the duty to defend applied and the pollution exclusion did not. Hirschhorn In Hirschhorn v. Auto-Owners Insurance Co., No. 2009AP2768, 2010 Wisc. App. LEXIS 842 (Wis. Ct. App. Oct. 19, 2010), the Hirschhorns demolished their vacation home when they found it was contaminated with bat guano, and a contractor advised them that it might be impossible to eliminate the odors.

6 The Hirschhorns homeowners insurer denied coverage, asserting that the accumulation was not sudden and accidental for purposes of the policy s pollution exclusion, and resulted from poor maintenance of the home. The Hirschhorns sued to resolve the coverage issues. The appeals court reversed the trial court and found that bat guano was not, clearly and unambiguously, a pollutant in the meaning of the pollution exclusion in the policy. Barrett The insured in Barrett v. National Union Fire Insurance Co. of Pittsburgh, 696 S.E.2d (Ga. Ct. App. 2010), was Atlanta Gas Light Company (AGL). AGL retained Coosa Valley Contractors (CVC) to assist in installing natural gas pipelines. The underlying plaintiff, Brey Barrett, a CVC employee, suffered permanent and disabling brain damage when natural gas accumulated under his rain poncho over a period of several hours while he was working to retrieve a lost part. Barrett and his wife sued AGL, asserting that the negligent and reckless conduct of AGL s employees caused his injuries. AGL and the Barretts entered a $2 million settlement. AGL s primary CGL insurer paid $1 million of the settlement, but AGL s excess carrier, National Union, denied coverage, and AGL assigned its rights under the policy to the Barretts, who sued National Union. National Union asserted that the pollution exclusion in its policy barred coverage because Barrett s injury arose from his exposure to natural gas, a pollutant. Moreover, according to National Union, the Georgia Supreme Court s decision in Reed v. Auto Owners Insurance Co., 667 S.E.2d 90 (Ga. 2008), mandated a finding that natural gas was a pollutant in the meaning of the exclusion. The Reed court found that a suit brought by a tenant who was exposed to carbon monoxide against her landlord was not covered by the landlord s insurance policy because the gas was a fume, irritant or contaminant, so that the policy s pollution exclusion applied. The Barrett appeals court nonetheless found the pollution exclusion in the National Union policy did not apply to bar coverage for Barrett s injuries. Barrett was not alleged to have been poisoned by the natural gas, nor was he harmed by the mere release of gas from the tap. Rather, the complaint alleged that because of the negligence of AGL employees, who supervised the worksite, the natural gas was released and allowed to accumulate, creating an oxygen deprived atmosphere. The resulting lack of oxygen harmed Barrett. Minkoff The underlying plaintiffs in Minkoff v. Action Remediation, Index No. 559/06 (N.Y. Sup. Ct. July 1, 2010), the Minkoffs, sued the insured mold remediation contractor, alleging that its negligent mixing of a disinfecting and sterilizing product, Sporicidin, and bleach, caused harmful chemicals and odors to infiltrate the Minkoffs home and harm their health.

7 The defendant contractor, in the same case, sought a declaratory judgment that its CGL insurer was required to defend and indemnify it for the Minkoffs claims. The court found that although the policy s pollution exclusion by its terms barred coverage, the contractor s pollution liability coverage endorsement reinstated coverage and saved the policy from being void for public policy reasons. The policy s pollution exclusion barred coverage for damages arising from pollution, the dispersal, migration, release or escape of hazardous substances, defined as any solid, liquid, gaseous, or thermal irritant or contaminant, including but not limited to acids, alkalis,... chemicals, fumes... mold/mildew/fungus... smoke, soot, vapor... and the byproduct of any chemical, mechanical or thermal process or reaction. The court found that the exclusion clearly applied to the mold and chemical fumes at issue, and several endorsements to the policy did not apply to allow coverage. The policy also included, however, a special contractor s pollution liability coverage endorsement covering pollution incidents caused by the performance of covered contracting operations. The insured s primary business was mold remediation, and a reasonable insured would expect that the chemical releases and toxic odors created by the mixing of Spoicidin and bleach, in the course of the contractor s business, to be a pollution incident covered by the endorsement. Conclusion These cases demonstrate that insurers are steadily expanding the reach of the absolute pollution exclusion clause from hazardous waste into the normal, day-to-day operation of the insureds' businesses. Few businesses do not use in their normal business substances that may, under some circumstances, be considered toxic or hazardous. These businesses are now at risk that they will not have coverage for spills and releases of products in the ordinary course of doing business. Companies must negotiate in their general liability policies for clear language that excepts business operations from the scope of the absolute pollution exclusion clause, or else purchase pollution liability insurance. --By Robert D. Chesler and Priya Masilamani, Lowenstein Sandler PC Robert Chesler is chairman of of Lowenstein Sandler's insurance practice group in the firm's Roseland, N.J., office. Priya Masilamani is counsel in the firm's environmental department in Roseland. The opinions expressed are those of the authors and do not necessarily reflect the views of the firm, its clients or Portfolio Media, publisher of Law360. All Content , Portfolio Media, Inc.

Sterling Education Seminar. Business Liability Insurance. Alexandrea L. Isaac Hartford, CT Sept. 20, 2011

Sterling Education Seminar. Business Liability Insurance. Alexandrea L. Isaac Hartford, CT Sept. 20, 2011 Sterling Education Seminar Business Liability Insurance Alexandrea L. Isaac Hartford, CT Sept. 20, 2011 Various Types: Commercial Property Owner s Liability Policy Products Liability Policy Commercial

More information

APPEAL from a judgment of the circuit court for Waukesha County: J. MAC DAVIS, Judge. Reversed and cause remanded with directions.

APPEAL from a judgment of the circuit court for Waukesha County: J. MAC DAVIS, Judge. Reversed and cause remanded with directions. COURT OF APPEALS DECISION DATED AND FILED March 12, 2014 Diane M. Fremgen Clerk of Court of Appeals NOTICE This opinion is subject to further editing. If published, the official version will appear in

More information

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No. 10-1082. NGM INSURANCE COMPANY, f/k/a National Grange Mutual Insurance Company,

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No. 10-1082. NGM INSURANCE COMPANY, f/k/a National Grange Mutual Insurance Company, Appeal: 10-1082 Doc: 36 Filed: 01/11/2011 Pg: 1 of 6 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1082 NGM INSURANCE COMPANY, f/k/a National Grange Mutual Insurance Company,

More information

Ontario Higher Education Risk Management Symposium. CURIE Pollution Coverage Property & Liability. May 23-24, 2013 University of Guelph

Ontario Higher Education Risk Management Symposium. CURIE Pollution Coverage Property & Liability. May 23-24, 2013 University of Guelph Ontario Higher Education Risk Management Symposium CURIE Pollution Coverage Property & Liability May 23-24, 2013 University of Guelph Property (First Party) Pollution Coverage The property policy contains

More information

S15G1177. GEORGIA FARM BUREAU MUTUAL INSURANCE COMPANY v. SMITH et al. We granted a petition for certiorari to the Court of Appeals in Smith v.

S15G1177. GEORGIA FARM BUREAU MUTUAL INSURANCE COMPANY v. SMITH et al. We granted a petition for certiorari to the Court of Appeals in Smith v. In the Supreme Court of Georgia Decided: March 21,2016 S15G1177. GEORGIA FARM BUREAU MUTUAL INSURANCE COMPANY v. SMITH et al. THOMPSON, Chief Justice. We granted a petition for certiorari to the Court

More information

Christine K. Noma Wendel, Rosen, Black & Dean LLP March 2014

Christine K. Noma Wendel, Rosen, Black & Dean LLP March 2014 Christine K. Noma Wendel, Rosen, Black & Dean LLP March 2014 You just discovered that the commercial or industrial property that you own is polluted. This discovery may have occurred during the negotiations

More information

Corporation, et al., 00 0947 (La. 12/19/00) 774 So.2d 119

Corporation, et al., 00 0947 (La. 12/19/00) 774 So.2d 119 ENFORCEMENT OF POLLUTION EXCLUSIONS IN STANDARD CGL POLICIES IN THE WAKE OF Doerr v. Mobil Oil Corporation, et al., 00 0947 (La. 12/19/00) 774 So.2d 119 On December 19, 2000, in the case of Doerr v. Mobil

More information

Can You Find Your Gold Mine in Oklahoma? Interpreting Comprehensive Liability Insurance Policies That Include Pollution Exclusions

Can You Find Your Gold Mine in Oklahoma? Interpreting Comprehensive Liability Insurance Policies That Include Pollution Exclusions Can You Find Your Gold Mine in Oklahoma? Interpreting Comprehensive Liability Insurance Policies That Include Pollution Exclusions LeAnne Burnett Crowe & Dunlevy, P.C. 20 North Broadway, Suite 1800 Oklahoma

More information

Environmental Law, Insurance & Soil

Environmental Law, Insurance & Soil Environmental Law, Insurance & Soil William J. Brady, Esq. Director - Grimshaw & Harring; Adjunct Professor, University of Denver Sturm College of Law With the Assistance of Pierre Andrieux Professor Emeritus

More information

CALIFORNIA SUPREME COURT LIMITS POLLUTION EXCLUSION IN CGL POLICIES. By Christopher W. Olmsted

CALIFORNIA SUPREME COURT LIMITS POLLUTION EXCLUSION IN CGL POLICIES. By Christopher W. Olmsted CALIFORNIA SUPREME COURT LIMITS POLLUTION EXCLUSION IN CGL POLICIES By Christopher W. Olmsted Every standard comprehensive general liability policy ( CGL ) contains a pollution exclusion clause that excludes

More information

State of New York Supreme Court, Appellate Division Third Judicial Department

State of New York Supreme Court, Appellate Division Third Judicial Department State of New York Supreme Court, Appellate Division Third Judicial Department Decided and Entered: February 26, 2015 518993 BROOME COUNTY, v Respondent- Appellant, MEMORANDUM AND ORDER THE TRAVELERS INDEMNITY

More information

Pending Legislation Could Heighten Liability and Loss Associated With Mold

Pending Legislation Could Heighten Liability and Loss Associated With Mold MOLD CLAIMS: A BASIC FRAMEWORK FOR FINDING COVERAGE UNDER COMMERCIAL PROPERTY AND GENERAL LIABILITY POLICIES, by Whitney E. Stein, Copyright 2001 Insurance Law Group, Inc. The presence of mold at toxic

More information

The Texas A&M University System Auto Liability Plan

The Texas A&M University System Auto Liability Plan The Texas A&M University System Auto Liability Plan Page 1 Tuesday, September 28, 2010 Table of Contents I. Automobile Liability...3 II. III. IV. Rental Vehicles.4 Personal Autos..4 Plan Exclusions.4 V.

More information

Construction Defect Coverage Recap For 1st Quarter

Construction Defect Coverage Recap For 1st Quarter Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Construction Defect Coverage Recap For 1st Quarter

More information

Case 8:10-cv-00313-SCB-AEP Document 47 Filed 05/17/11 Page 1 of 12 PageID 370 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

Case 8:10-cv-00313-SCB-AEP Document 47 Filed 05/17/11 Page 1 of 12 PageID 370 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION Case 8:10-cv-00313-SCB-AEP Document 47 Filed 05/17/11 Page 1 of 12 PageID 370 AUTO-OWNERS INSURANCE COMPANY, Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION v. Case No.:

More information

JUST WHAT IS POLLUTION? THE EVOLUTION OF THE POLLUTION EXCLUSION ON LIABILITY INSURANCE COVERAGE FOR LOSSES GAIL S. M. EVANS * URSULA SPILGER **

JUST WHAT IS POLLUTION? THE EVOLUTION OF THE POLLUTION EXCLUSION ON LIABILITY INSURANCE COVERAGE FOR LOSSES GAIL S. M. EVANS * URSULA SPILGER ** JUST WHAT IS POLLUTION? THE EVOLUTION OF THE POLLUTION EXCLUSION ON LIABILITY INSURANCE COVERAGE FOR LOSSES GAIL S. M. EVANS * URSULA SPILGER ** I. INTRODUCTION Adams sat at his desk staring in disbelief

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION CINCINNATI INSURANCE COMPANY, Plaintiff, v. No. 4:01 CV 726 DDN VENETIAN TERRAZZO, INC., Defendant. DECLARATORY JUDGMENT Pursuant

More information

STATE OF OHIO ) IN THE COURT OF COMMON PLEAS )SS:

STATE OF OHIO ) IN THE COURT OF COMMON PLEAS )SS: STATE OF OHIO IN THE COURT OF COMMON PLEAS SS: CUYAHOGA COUNTY CASE NO. CV-484139 THE OAKWOOD CLUB Plaintiff vs. OPINION AND ORDER KINNEY GOLF COURSE DESIGN, ET AL Defendants MICHAEL J. RUSSO, JUDGE: This

More information

INSURANCE & INDEMNIFICATION

INSURANCE & INDEMNIFICATION INSURANCE & INDEMNIFICATION Insurance Defense For over 15 years, Pashman Stein has provided legal representation to insureds in all types of litigation, including negligence, personal injury, construction,

More information

Insurance Issues Surrounding Construction Contracts

Insurance Issues Surrounding Construction Contracts AAPA Port Administration & Legal Issues Seminar Insurance Issues Surrounding Construction Contracts Andy Michels, Port of Tacoma Janet Quimby,, Port of Tacoma Debbie Bovee, Aon Risk Services, Inc. of Washington

More information

Hiscox Professional Liability Portfolio - old and new policy form comparison

Hiscox Professional Liability Portfolio - old and new policy form comparison Hiscox Professional Liability Portfolio - old and new policy form comparison Transitioning to a new form can be tricky and time intensive unless you know what s changed. We want to SAVE YOU TIME and aim

More information

Can You Trust A Certificate Of Insurance?

Can You Trust A Certificate Of Insurance? Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Can You Trust A Certificate Of Insurance? Law360,

More information

FEDERAL EMPLOYEE PROFESSIONAL LIABILITY INSURANCE POLICY CERTIFICATE (CLAIMS MADE & REPORTED)

FEDERAL EMPLOYEE PROFESSIONAL LIABILITY INSURANCE POLICY CERTIFICATE (CLAIMS MADE & REPORTED) FEDERAL EMPLOYEE PROFESSIONAL LIABILITY INSURANCE POLICY CERTIFICATE (CLAIMS MADE & REPORTED) This Policy covers Claims first made against you and reported to us in writing during the Policy Period. Certain

More information

國 泰 產 物 Comprehensive General Liability Policy. Endorsement

國 泰 產 物 Comprehensive General Liability Policy. Endorsement 備 查 文 號 :103. 103.09.15 (103) 企 字 第 200-52 524 號 免 費 申 訴 電 話 :0800 0800-036 036-599 國 泰 產 物 Comprehensive General Liability Policy Endorsement ENDORSEMENT LIST 1. Combined Single Limit Endorsement 2. Deductible

More information

ADVISORY NOTICE TO POLICYHOLDERS COVERAGE RESTRICTIONS, NEUTRAL CHANGES AND COVERAGE ENHANCEMENTS

ADVISORY NOTICE TO POLICYHOLDERS COVERAGE RESTRICTIONS, NEUTRAL CHANGES AND COVERAGE ENHANCEMENTS ADVISORY NOTICE TO POLICYHOLDERS COVERAGE RESTRICTIONS, NEUTRAL CHANGES AND COVERAGE ENHANCEMENTS This notice has been prepared in conjunction with the implementation of changes to your policy. It contains

More information

2013 IL App (1st) 122479 - U SECOND DIVISION May 14, 2013. No. 1-12-2479

2013 IL App (1st) 122479 - U SECOND DIVISION May 14, 2013. No. 1-12-2479 2013 IL App (1st) 122479 - U SECOND DIVISION May 14, 2013 No. 1-12-2479 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

2:04-cv-71306-GCS-MKM Doc # 18 Filed 09/12/05 Pg 1 of 10 Pg ID 467 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

2:04-cv-71306-GCS-MKM Doc # 18 Filed 09/12/05 Pg 1 of 10 Pg ID 467 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION 2:04-cv-71306-GCS-MKM Doc # 18 Filed 09/12/05 Pg 1 of 10 Pg ID 467 TRANSPORTATION INSURANCE COMPANY, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION vs. Plaintiff, Case No.

More information

LIABILITY COVERAGE SECTION-FARM

LIABILITY COVERAGE SECTION-FARM ML-10 Ed. 1/87 LIABILITY COVERAGE SECTION-FARM DEFINITIONS-The following additional definitions apply to the Liability Coverage Section. 1. Farming means the ownership, maintenance or use of premises for

More information

JUDGMENT AFFIRMED. Division II Opinion by JUDGE TERRY Casebolt and Furman, JJ., concur. Announced June 10, 2010

JUDGMENT AFFIRMED. Division II Opinion by JUDGE TERRY Casebolt and Furman, JJ., concur. Announced June 10, 2010 COLORADO COURT OF APPEALS Court of Appeals No. 09CA0830 Arapahoe County District Court No. 08CV1981 Honorable Michael Spear, Judge Travelers Property Casualty Company of America, Plaintiff-Appellant, v.

More information

The CGL Pollution Exclusion March 2003. by Craig F. Stanovich, CPCU, CIC, AU Austin & Stanovich Risk Managers, LLC

The CGL Pollution Exclusion March 2003. by Craig F. Stanovich, CPCU, CIC, AU Austin & Stanovich Risk Managers, LLC The CGL Pollution Exclusion March 2003 by Craig F. Stanovich, CPCU, CIC, AU Austin & Stanovich Risk Managers, LLC Arguably one of the least understood and most litigated portions of the commercial general

More information

United States Court of Appeals

United States Court of Appeals United States Court of Appeals FOR THE EIGHTH CIRCUIT No. 06-3601 J.E. Jones Construction Co.; The Jones Company Custom Homes, Inc., Now known as REJ Custom Homes, Plaintiffs - Appellants, v. Appeal from

More information

LIABILITY COVERAGE SECTION PRINCIPAL LIABILITY AND MEDICAL PAYMENTS COVERAGES

LIABILITY COVERAGE SECTION PRINCIPAL LIABILITY AND MEDICAL PAYMENTS COVERAGES ML-9 Ed. 1/87 LIABILITY COVERAGE SECTION PRINCIPAL LIABILITY AND MEDICAL PAYMENTS COVERAGES Coverage L-Personal Liability We pay, up to our limit of liability, all sums for which any insured is legally

More information

RESIDENT LIABILITY COVERAGE POLICY

RESIDENT LIABILITY COVERAGE POLICY Page 1 of 6 RESIDENT LIABILITY COVERAGE POLICY As part of a rental agreement, your your lease requirement. landlord may require you to carry liability coverage. This policy satisfies Definitions We, Us,

More information

United States Court of Appeals

United States Court of Appeals In the United States Court of Appeals For the Seventh Circuit No. 07-3147 NAUTILUS INSURANCE COMPANY, an Arizona corporation, v. Plaintiff-Appellant, 1452-4 N. MILWAUKEE AVENUE, LLC, GREAT CENTRAL INSURANCE

More information

Business Insurance Professional indemnity section for recruitment professionals

Business Insurance Professional indemnity section for recruitment professionals Business Insurance Professional indemnity section for recruitment professionals Contents of this section Important information about this cover 1 Meaning of defined terms 2 What is covered 4 What is not

More information

RLI Insurance Company Peoria, Illinois 61615 A Stock Insurance Company. Personal Umbrella Liability Policy SPECIMEN

RLI Insurance Company Peoria, Illinois 61615 A Stock Insurance Company. Personal Umbrella Liability Policy SPECIMEN Policy Number: RLI Insurance Company Peoria, Illinois 61615 A Stock Insurance Company Personal Umbrella Liability Policy STATE OF NEW YORK AMENDATORY ENDORSEMENT In accordance with the laws and regulations

More information

COVERAGE UNDER A CGL POLICY. A. CGL coverage is Commercial General Liability Coverage.

COVERAGE UNDER A CGL POLICY. A. CGL coverage is Commercial General Liability Coverage. COVERAGE UNDER A CGL POLICY I. Type of coverage provided by CGL coverage. A. CGL coverage is Commercial General Liability Coverage. B. Generally, a CGL policy provides coverage for the insured s liability

More information

Clear as Mud: Legislating the Definition of Occurrence in a CGL Policy

Clear as Mud: Legislating the Definition of Occurrence in a CGL Policy Clear as Mud: Legislating the Definition of Occurrence in a CGL Policy Seth M. Friedman 1 Weissman, Nowack, Curry & Wilco, P.C. Atlanta, GA One of the biggest issues affecting coverage litigation for construction

More information

Dissecting the Professional Services Exclusion in a Commercial General Liability Policy

Dissecting the Professional Services Exclusion in a Commercial General Liability Policy Dissecting the Professional Services Exclusion in a Commercial General Liability Policy Lewis S. Wooton December 15, 2010 Most commercial general liability policies contain a professional services exclusion

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 14-11987 Non-Argument Calendar. Docket No. 1:13-cv-02128-WSD.

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 14-11987 Non-Argument Calendar. Docket No. 1:13-cv-02128-WSD. Case: 14-11987 Date Filed: 10/21/2014 Page: 1 of 11 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 14-11987 Non-Argument Calendar Docket No. 1:13-cv-02128-WSD PIEDMONT OFFICE

More information

Chapter XI INSURANCE. While many insurance policies do not cover environmental remediation and damages, insurance. A. General Liability Insurance

Chapter XI INSURANCE. While many insurance policies do not cover environmental remediation and damages, insurance. A. General Liability Insurance Chapter XI INSURANCE There are several different types of insurance that may apply to environmental problems. While many insurance policies do not cover environmental remediation and damages, insurance

More information

SCHEDULE 17. Insurance Requirements. Part 1 Insurance Requirements applicable to the Phase 2 Work

SCHEDULE 17. Insurance Requirements. Part 1 Insurance Requirements applicable to the Phase 2 Work SCHEDULE 17 Insurance Requirements Part 1 Insurance Requirements applicable to the Phase 2 Work Capitalized terms used in this Schedule which are not otherwise defined shall have the meanings given to

More information

Santa Clara High Technology Law Journal

Santa Clara High Technology Law Journal Santa Clara High Technology Law Journal Volume 8 Issue 2 Article 9 January 1992 Do Comprehensive General Liability Insurance Policies Cover Bodily Injury and Property Damage Caused by Hazardous Waste Disposal?

More information

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. RESTORATION RISK RETENTION GROUP, INC. and MITIGATION SERVICES, INC. d/b/a

More information

Case Study: City Of Stockton V. BNSF Railway

Case Study: City Of Stockton V. BNSF Railway Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Case Study: City Of Stockton V. BNSF Railway Law360,

More information

2014 IL App (5th) 120588-U NO. 5-12-0588 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT

2014 IL App (5th) 120588-U NO. 5-12-0588 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT NOTICE Decision filed 01/23/14. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2014 IL App (5th) 120588-U NO. 5-12-0588

More information

Challenging EEOC Conciliation Charges

Challenging EEOC Conciliation Charges Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Challenging EEOC Conciliation Charges Law360, New

More information

Commercial General Liability

Commercial General Liability PREMIUM COMPUTATION ENDORSEMENT MINIMUM AND DEPOSIT PREMIUM MINIMUM EARNED PREMIUM The Deposit Premium is an estimated premium only. The final premium will be calculated according to the premium audit

More information

In the Court of Appeals of Georgia

In the Court of Appeals of Georgia FIRST DIVISION PHIPPS, C. J., ELLINGTON, P. J., and MCMILLIAN, J. NOTICE: Motions for reconsideration must be physically received in our clerk s office within ten days of the date of decision to be deemed

More information

PERSONAL LIABILITY COVERAGE

PERSONAL LIABILITY COVERAGE AAIS -- THIS IS A LEGAL CONTRACT -- PLEASE READ IT CAREFULLY GL-1 Ed 1.0 PERSONAL LIABILITY COVERAGE TABLE OF CONTENTS Agreement...1 Definitions...2 Principal Personal Liability Coverages Coverage L --

More information

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT. A court authorized this notice. This is not a solicitation from a lawyer.

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT. A court authorized this notice. This is not a solicitation from a lawyer. NOTICE OF PROPOSED CLASS ACTION SETTLEMENT A court authorized this notice. This is not a solicitation from a lawyer. Peter Ng, et al. v International Disposal Corp. of California, et al. Superior Court

More information

College of Veterinary Medicine Student Professional Liability Insurance Policy

College of Veterinary Medicine Student Professional Liability Insurance Policy College of Veterinary Medicine Student Professional Liability Insurance Policy This policy is an Occurrence Policy. Read the entire policy carefully to determine rights, duties and what is and what is

More information

RIGHT-TO-FARM LAWS: HISTORY & FUTURE

RIGHT-TO-FARM LAWS: HISTORY & FUTURE RIGHT-TO-FARM LAWS: HISTORY & FUTURE Right-to-Farm Laws: Why? Right-to-farm laws were originally designed to protect agricultural operations existing within a state or within a given area of the state

More information

SURVEY OF CASES DISCUSSING THE MEANING OF THE WORD PERSON IN GENERAL LIABILITY INSURANCE POLICIES

SURVEY OF CASES DISCUSSING THE MEANING OF THE WORD PERSON IN GENERAL LIABILITY INSURANCE POLICIES October 2010 SURVEY OF CASES DISCUSSING THE MEANING OF THE WORD PERSON IN GENERAL LIABILITY INSURANCE POLICIES California Illinois New Jersey Please note that statutes and case law vary from state to state

More information

ALLIANT INSURANCE SERVICES, INC. PUBLIC ENTITY PROPERTY INSURANCE PROGRAM (PEPIP)

ALLIANT INSURANCE SERVICES, INC. PUBLIC ENTITY PROPERTY INSURANCE PROGRAM (PEPIP) ALLIANT INSURANCE SERVICES, INC. PUBLIC ENTITY PROPERTY INSURANCE PROGRAM (PEPIP) Claim notifications need to be sent to Bob Frey, Diana Walizada and Cathryn O Meara. In the event this is a Cyber loss

More information

Trigger, allocation and pollution exclusion issues for silica toxic tort claims By Thomas F. Quinn

Trigger, allocation and pollution exclusion issues for silica toxic tort claims By Thomas F. Quinn November 2004 Client Advisory Trigger, allocation and pollution exclusion issues for silica toxic tort claims By Thomas F. Quinn I. Background Silica claims, like the wave of asbestos claims that have

More information

PREMISES LIABILITY INSURANCE

PREMISES LIABILITY INSURANCE PREMISES LIABILITY INSURANCE INTRODUCTION We encourage you to read the entire policy. Words in bold print, other than titles and headings, have the meaning given them in the DEFINITIONS section. REPRESENTATIONS

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 14-60770 Document: 00513129690 Page: 1 Date Filed: 07/27/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT KINSALE INSURANCE COMPANY, Plaintiff - Appellee United States Court of Appeals

More information

Fourth Circuit Decision Holds that Under Virginia Law Faulty Workmanship Does Not Constitute an "Occurrence"

Fourth Circuit Decision Holds that Under Virginia Law Faulty Workmanship Does Not Constitute an Occurrence AUGUST 2005 Fourth Circuit Decision Holds that Under Virginia Law Faulty Workmanship Does Not Constitute an "Occurrence" Travelers Indem. Co. of America v. Miller Building Corp., 2005 U.S. App. LEXIS 14780

More information

Mutual of Enumclaw Insurance Company Personal Umbrella Liability Policy

Mutual of Enumclaw Insurance Company Personal Umbrella Liability Policy Mutual of Enumclaw Insurance Company Personal Umbrella Liability Policy Home Office: 1460 Wells Street, Enumclaw, Washington 98022 (a mutual insurance company, herein referred to as the Company.) Ready

More information

CAMBRIDGE PROPERTY & CASUALTY SPECIAL REPORT

CAMBRIDGE PROPERTY & CASUALTY SPECIAL REPORT CAMBRIDGE PROPERTY & CASUALTY SPECIAL REPORT HOW ABSOLUTE IS THE ABSOLUTE POLLUTION EXCLUSION? This Special Report was written by Daniel P. Hale, J.D., CPCU, ARM, CRM, LIC, AIC, AIS, API. Mr. Hale is Vice

More information

Hirschhorn v. Auto-Owners Insurance Company: The Latest Chapter in Wisconsin s Pollution Exclusion Jurisprudence

Hirschhorn v. Auto-Owners Insurance Company: The Latest Chapter in Wisconsin s Pollution Exclusion Jurisprudence Hirschhorn v. Auto-Owners Insurance Company: The Latest Chapter in Wisconsin s Pollution Exclusion Jurisprudence by: Daniel J. Kennedy, Gass Weber Mullins LLC Introduction A cornerstone of judicial interpretation

More information

Policy Wording. Directors and Officers Liability and Company Reimbursement. Issued to Eligible Emergency Resource Providers by VMIA

Policy Wording. Directors and Officers Liability and Company Reimbursement. Issued to Eligible Emergency Resource Providers by VMIA Policy Wording Directors and Officers Liability and Company Reimbursement Issued to Eligible Emergency Resource Providers by VMIA For the period date 30 June 2014 to 30 June 2015 Contents Directors and

More information

BUILDERS RISK COVERAGE FORM

BUILDERS RISK COVERAGE FORM BUILDERS RISK COVERAGE FORM COMMERCIAL PROPERTY CP 00 20 10 12 Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered.

More information

United States Court of Appeals For the Eighth Circuit

United States Court of Appeals For the Eighth Circuit United States Court of Appeals For the Eighth Circuit No. 13-1307 United Fire & Casualty Company lllllllllllllllllllll Plaintiff - Appellant v. Titan Contractors Service, Inc. lllllllllllllllllllll Defendant

More information

PERSONAL LIABILITY COVERAGE SECTION

PERSONAL LIABILITY COVERAGE SECTION ML-9A Ed. 6/99 PERSONAL LIABILITY COVERAGE SECTION This coverage applies to the following insured(s); enter names only when different from those on the Declarations. Named Insured: This endorsement serves

More information

UNITED STATES COURT OF APPEALS

UNITED STATES COURT OF APPEALS RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 13a0014p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FORREST CONSTRUCTION, INC., Plaintiff-Appellee,

More information

United States Court of Appeals

United States Court of Appeals United States Court of Appeals FOR THE EIGHTH CIRCUIT No. 09-3874 Brake Landscaping & Lawncare, Inc., * * Plaintiff-Appellant, * * Appeal from the United States v. * District Court for the * Eastern District

More information

Recent Case Update. Insurance Stacking UIM Westra v. State Farm Mutual Automobile Insurance Company (Court of Appeals, 13 AP 48, June 18, 2013)

Recent Case Update. Insurance Stacking UIM Westra v. State Farm Mutual Automobile Insurance Company (Court of Appeals, 13 AP 48, June 18, 2013) Recent Case Update VOL. XXII, NO. 2 Summer 2013 Insurance Summary Judgment Stacking UIM Saladin v. Progressive Northern Insurance Company (Court of Appeals, 12 AP 1649, June 4, 2013) On August 26, 2010,

More information

MISCELLANEOUS PROFESSIONAL LIABILITY INSURANCE COVERAGE FORM

MISCELLANEOUS PROFESSIONAL LIABILITY INSURANCE COVERAGE FORM MISCELLANEOUS PROFESSIONAL LIABILITY INSURANCE COVERAGE FORM THIS IS A CLAIMS MADE POLICY WITH DEFENSE EXPENSES INCLUDED IN THE LIMIT OF LIABILITY. PLEASE READ AND REVIEW THE POLICY CAREFULLY. In consideration

More information

Second Annual Conference September 16, 2015 to September 18, 2015 Chicago, IL

Second Annual Conference September 16, 2015 to September 18, 2015 Chicago, IL Second Annual Conference September 16, 2015 to September 18, 2015 Chicago, IL Using Insurance Coverage to Mitigate Cybersecurity Risks To Warranty and Service Contract Businesses Barry Buchman, Partner

More information

Present: Carrico, C.J., Compton, Stephenson, Lacy, Keenan, Koontz, JJ., and Whiting, Senior Justice NORTHBROOK PROPERTY AND CASUALTY INSURANCE COMPANY

Present: Carrico, C.J., Compton, Stephenson, Lacy, Keenan, Koontz, JJ., and Whiting, Senior Justice NORTHBROOK PROPERTY AND CASUALTY INSURANCE COMPANY Present: Carrico, C.J., Compton, Stephenson, Lacy, Keenan, Koontz, JJ., and Whiting, Senior Justice VIRGINIA ELECTRIC AND POWER COMPANY OPINION BY JUSTICE LAWRENCE L. KOONTZ, v. Record No. 951919 September

More information

PROFESSIONAL LIABILITY INSURANCE

PROFESSIONAL LIABILITY INSURANCE PROFESSIONAL LIABILITY INSURANCE Especially designed for Federal Employees Lawsuits against Federal Government employees are increasing at an alarming rate. Members of the public, even fellow workers,

More information

United States Court of Appeals

United States Court of Appeals In the United States Court of Appeals For the Seventh Circuit No. 14-2725 VISTEON CORPORATION, et al., v. Plaintiffs-Appellants, NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, Defendant-Appellee.

More information

ATTORNEY AT LAW PLLC. Focus on Potential Sources of Funding Available to Private & Public Parties:

ATTORNEY AT LAW PLLC. Focus on Potential Sources of Funding Available to Private & Public Parties: Paying for Cleanup of Contaminated Land: Damages, Cost Recovery, Contribution Claims; Coverage Under Thomas M. Kilbane Attorney at Law 8164 NE Yeti Lane Bainbridge Island, WA 98110 206.484.1307 tom@kilbanelaw.com

More information

Gorman v. Birts, Civil Action No. 1:12cv427 (LMB/TCB), 2012 U.S. Dist. LEXIS 107811 (E.D. Va. Aug. 1, 2012)

Gorman v. Birts, Civil Action No. 1:12cv427 (LMB/TCB), 2012 U.S. Dist. LEXIS 107811 (E.D. Va. Aug. 1, 2012) Fourth Circuit Note: The Fourth Circuit has issued no bankruptcy appellate decisions in August 2012 other than per curiam opinions affirming the district court without discussion (see first entry). Tyler

More information

Defending Take-Home Exposure Cases Duty in the Context of Premises and Employer Liability

Defending Take-Home Exposure Cases Duty in the Context of Premises and Employer Liability Defending Take-Home Exposure Cases Duty in the Context of Premises and Employer Liability Presented by Deborah K. St. Lawrence Thompson, Counsel Miles & Stockbridge, P.C. Baltimore, Maryland September

More information

POLLUTION EXCLUSION CLAUSES IN THE CGL POLICY Current Issues in Coverage Litigation

POLLUTION EXCLUSION CLAUSES IN THE CGL POLICY Current Issues in Coverage Litigation POLLUTION EXCLUSION CLAUSES IN THE CGL POLICY Current Issues in Coverage Litigation by Jonathan L.S. Hodes* Clark Wilson LLP tel. 604.643.3168 jlh@cwilson.com *The author wishes to thank Seva Batkin of

More information

PUBLIC LIABILITY INSURANCE

PUBLIC LIABILITY INSURANCE PUBLIC LIABILITY INSURANCE This Policy does not provide insurance for Products or goods supplied in the course of the Insured s principal business activity. RoyalStar Assurance Ltd. P. O. Box N-4391 P.

More information

By Heather Howell Wright, Bradley Arant Boult Cummings, LLP. (Published July 24, 2013 in Insurance Coverage, by the ABA Section Of Litigation)

By Heather Howell Wright, Bradley Arant Boult Cummings, LLP. (Published July 24, 2013 in Insurance Coverage, by the ABA Section Of Litigation) Tiara Condominium: The Demise of the Economic Loss Rule in Construction Defect Litigation and Impact on the Property Damage Requirement in a General Liability Policy By Heather Howell Wright, Bradley Arant

More information

BUILDERS RISK COVERAGE FORM

BUILDERS RISK COVERAGE FORM CP 00 20 06 95 BUILDERS RISK COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties what is is not covered. Throughout this policy

More information

Keyspan Gas E. Corp. v Munich Reins. Am., Inc. 2014 NY Slip Op 24306. Supreme Court, New York County. Scarpulla, J.

Keyspan Gas E. Corp. v Munich Reins. Am., Inc. 2014 NY Slip Op 24306. Supreme Court, New York County. Scarpulla, J. [*1] Keyspan Gas E. Corp. v Munich Reins. Am., Inc 2014 NY Slip Op 24306 Decided on October 14, 2014 Supreme Court, New York County Scarpulla, J. Published by New York State Law Reporting Bureau pursuant

More information

IN THE SUPREME COURT OF TEXAS

IN THE SUPREME COURT OF TEXAS IN THE SUPREME COURT OF TEXAS NO. 13-1006 IN RE ESSEX INSURANCE COMPANY, RELATOR ON PETITION FOR WRIT OF MANDAMUS PER CURIAM Rafael Zuniga sued San Diego Tortilla (SDT) for personal injuries and then added

More information

SOLICITORS EXCESS PROFESSIONAL INDEMNITY INSURANCE POLICY

SOLICITORS EXCESS PROFESSIONAL INDEMNITY INSURANCE POLICY SOLICITORS EXCESS PROFESSIONAL INDEMNITY INSURANCE POLICY DECLARATIONS Policy Number: Chubb Insurance Company of Europe SE (herein called the Company ) Item 1. Policyholder: Address Item 2. Limit of Liability:

More information

Garage Liability Policy

Garage Liability Policy Garage Liability Policy 8 0 0. 8 3 3. 3 4 2 7 w w w. c o n s t i t u t i o n a l. c o m GARAGE LIABILITY COVERAGE FORM TC-11 QUICK REFERENCE (Ed. 01-06) DECLARATIONS PAGE Name of Insurance Company Policy

More information

2012 IL App (1st) 112728-U. No. 1-11-2728

2012 IL App (1st) 112728-U. No. 1-11-2728 2012 IL App (1st 112728-U FIRST DIVISION November 5, 2012 No. 1-11-2728 Notice: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

Henkel Corp v. Hartford Accident

Henkel Corp v. Hartford Accident 2008 Decisions Opinions of the United States Court of Appeals for the Third Circuit 3-27-2008 Henkel Corp v. Hartford Accident Precedential or Non-Precedential: Non-Precedential Docket No. 06-4856 Follow

More information

CLASS ACTION. Westlaw Journal. Expert Analysis The State of Coverage Disputes Concerning Advertising And Privacy Claims

CLASS ACTION. Westlaw Journal. Expert Analysis The State of Coverage Disputes Concerning Advertising And Privacy Claims Westlaw Journal CLASS ACTION Litigation News and Analysis Legislation Regulation Expert Commentary VOLUME 19, ISSUE 8 / SEPTEMBER 2012 Expert Analysis The State of Coverage Disputes Concerning Advertising

More information

Present: Kinser, C.J., Lemons, Goodwyn, Millette, and Mims, JJ., and Koontz, S.J.

Present: Kinser, C.J., Lemons, Goodwyn, Millette, and Mims, JJ., and Koontz, S.J. Present: Kinser, C.J., Lemons, Goodwyn, Millette, and Mims, JJ., and Koontz, S.J. FARMERS INSURANCE EXCHANGE OPINION BY v. Record No. 100082 JUSTICE LEROY F. MILLETTE, JR. April 21, 2011 ENTERPRISE LEASING

More information

G U E S T E S S A Y S

G U E S T E S S A Y S Comparing and Maximizing Performance Bond and Commercial General Liability Protections Frank L. Pohl, Esq. and James C. Washburn, Esq. Often when acting as the prime on a construction project, the design

More information

Other Insurance and the CGL Policy

Other Insurance and the CGL Policy Other Insurance and the CGL Policy by Craig F. Stanovich Austin & Stanovich Risk Managers, LLC April 2009 We usually make sure our client has purchased its own CGL policy a policy on which it is a named

More information

The Likely Expansion Of Environmental Tort Claims

The Likely Expansion Of Environmental Tort Claims Portfolio Media, Inc. 860 Broadway, 6 th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@portfoliomedia.com The Likely Expansion Of Environmental Tort

More information

FORC QUARTERLY JOURNAL OF INSURANCE LAW AND REGULATION

FORC QUARTERLY JOURNAL OF INSURANCE LAW AND REGULATION The plaintiff in Schmidt filed suit against her employer, Personalized Audio Visual, Inc. ("PAV") and PAV s president, Dennis Smith ("Smith"). 684 A.2d at 68. Her Complaint alleged several causes of action

More information

PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, Plaintiff, v. JOHN D. ST. JOHN, et al., Defendants NO. 09-06388

PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, Plaintiff, v. JOHN D. ST. JOHN, et al., Defendants NO. 09-06388 Page 1 PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, Plaintiff, v. JOHN D. ST. JOHN, et al., Defendants NO. 09-06388 COMMON PLEAS COURT OF CHESTER COUNTY, PENNSYLVANIA 2011 Pa. Dist. & Cnty.

More information

Construction Defects As An Occurrence Recent Appellate Rulings

Construction Defects As An Occurrence Recent Appellate Rulings ABA Section of Litigation 2012 Insurance Coverage Litigation Committee CLE Seminar, March 1-3, 2012: Emerging Trends in Coverage for Construction Risks Construction Defects As An Occurrence Recent Appellate

More information

HEALTHCARE PROVIDERS WORKPLACE LIABILITY COVERAGE PART OCCURRENCE

HEALTHCARE PROVIDERS WORKPLACE LIABILITY COVERAGE PART OCCURRENCE HEALTHCARE PROVIDERS WORKPLACE LIABILITY COVERAGE PART OCCURRENCE THIS IS AN OCCURRENCE COVERAGE PART AND, SUBJECT TO ITS PROVISIONS, APPLIES ONLY TO ANY CLAIM WHICH IS THE RESULT OF INJURY OR DAMAGE THAT

More information

liability insurance application liability Insurer CGU Insurance Limited ABN 27 004 478 371 An IAG Company

liability insurance application liability Insurer CGU Insurance Limited ABN 27 004 478 371 An IAG Company liability insurance application liability Insurer CGU Insurance Limited ABN 27 004 478 371 An IAG Company Extract from the Insurance Contracts Act 1984 Under the terms of the Act We must advise You about

More information

Insurance Coverage for Drywall Claims

Insurance Coverage for Drywall Claims Insurance Coverage for Drywall Claims Chinese Drywall Claims As those in the construction industry are now well aware, the use of drywall imported from China between 2004 and 2007 has led to litigation

More information

1071593, 1071604 SUPREME COURT OF ALABAMA

1071593, 1071604 SUPREME COURT OF ALABAMA Page 1 1 of 20 DOCUMENTS Colony Insurance Company v. Georgia-Pacific, LLC, Lumbermens Mutual Casualty Company, and Industrial Maintenance and Mechanical, Inc.; Geogia-Pacific, LLC v. Colony Insurance Company

More information