Problem Issues in Commercial General Liability, 2nd Edition

Transcription

1 Brochure More information from Problem Issues in Commercial General Liability, 2nd Edition Description: The commercial general liability policy is the linchpin of business insurance programs. Virtually all companies carry liability insurance, under either business owners (BOP), commercial package, or monoline forms. Whether mom n pop operations or multinational corporations, they cannot afford to operate without general liability insurance. In the 1970s the form was called the comprehensive general liability policy, but that title seemed to imply that all third-party liability risks were insured. And so it was changed to commercial general liability coverage form with the 1986 Insurance Services Office (ISO) edition. The CGL policy remains one of the broadest coverage forms in the industry. It promises to pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. It also pledges to defend suits against the insured as long as the coverage may apply to the allegations. Despite the breadth and depth of this coverage and its long history, the application of coverage continues to be debated in agent, insurer, and risk manager offices - as well as in the courtroom. The editors of the FC&S Bulletins field their share of questions about how various types of coverage could be interpreted. Many of those questions involve the CGL form. In this book, an outstanding cast of authors walks the reader through some of the toughest situations faced in Commercial general Liability. This thought provoking book provides solutions to the most encountered problems in commercial general liability. Contents: About the Authors Introduction Additional Insureds and Contractual Liability Risk Shifting A Critical Part of Commercial Business Blanket Additional Insured Endorsement Contractual Risk Shifting Common Typical Additional Insured Endorsements Difference between Additional Insured and Contractual Liability Coverage Issues Involving Arising out of Wording Same Meaning in Many Jurisdictions Broad Coverage for An Additional Insured, But Not Unlimited Underwriter Evaluations of Risk The 2004 Revised Additional Insured Form Different Types of Additional Insureds Status Erosion of the Insured s CGL Limits Standard Procedure Potential Agent E&O Problem Level of Care Contractual Liability Issues Insureds Contracts Contractual Indemnity Wording Hold Harmless Wording Assume the Tort Liability for Another Potential Conflict Fair Notice Additional Insureds and Defense Costs Who Pays First? When Do Defense Costs Erode Policy Limits? Careful Reading of Contract: What Is Agreed? Insurance Company Review of Contracts Failing to Add Additional Insured

2 Certificate of Insurance Issues Certificates of Insurance and Additional Insured Status Allegations of Negligent Misrepresentation when Broad Language Used Insurance Carriers and Certificates of Insurance Conclusion Advertising Injury Changing with the Times Advertising Injury Coverage Grant Important Aspects Notable Exclusions or Limitations Advertisement Defined Business of Advertising Coverage at the Fringes: Trends that Influence Coverage Patent Infringement Copyright Infringement Trademark Infringement Unfair Competition Trade Secrets Other Trends Conclusions The Business Risk Doctrine and the Business Risk Exclusions Introduction The Business Risk Doctrine Is the Property Damage Caused by an Occurrence The Business Risk Exclusions Exclusion j: Damage to Property Exclusion k: Damage to Your Product Exclusion l: Damage to Your Work Exclusion m: Damage to Impaired Property or Property Not Physically Insured Exclusion n: Recall of Products, Work or Impaired Property Conclusion One Occurrence, Two Occurrences The Role of Occurrence Wordings Limited Coverage Trigger of Coverage Distinguished Policy Wordings and Occurrences Determinations Indemnity Limits Definition of Occurrence Aggregates Completed Operations and Products Hazards Occupational Disease Premium Bases: Remuneration and Otherwise Earlier Aggregate Wordings Stacking and Anti-stacking Clauses Stacking Anti-stacking Terms: Noncumulation and Deemer Clauses Batch Clauses Annualization: Multi-Year Policies Combined Single Limit Cases in Which Disputes Arise Multiple Plaintiffs Multiple Insureds Widespread Injuries Parties to Occurrence Disputes Insured versus Insurer Insurer versus Insurer Insurer versus Reinsurer Legal Test for Counting Occurrences Cause Meanings Immediate Physical Cause of Injuries (Proximate Cause)

3 Event Giving Rise to Insured s Liability (Legal Cause) External Factors Impacting Occurrence Determinations Role of Insured Insured s Coverage Profile Small Claims/Large Retentions Deductibles and Self-insured Retentions Low Indemnity Limits Case Law Survey Premises Liability Claims Food Poisoning Claims Construction Defect and Building Claims Discrimination Claims: Housing and Employment Environmental Liability Claims Source of Contamination at a Site What is the Cause of Pollution Liabilities? Case Law Examples Molestation and Sexual Assault Claims One Occurrence: Failure to Prevent Abuse Multiple Locations or Perpetrators as Separate Occurrences Each Child a New Occurrrence Impact of Aggregating Provisions Nursing Home Claims Shooting and Criminal Assault Claims Products Liability Claims Single versus Multiple Occurrences Single Occurrence Products Cases Multiple Occurrence Products Cases Toxic Tort Litigation Asbestos Claims Conclusion State by State Survey Alabama Alaska Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nevada New Hampshire New Jersey New Mexico New York North Carolina

4 North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Insurance Forms Ordering: Order Online - Order by Fax - using the form below Order by Post - print the order form below and send to Research and Markets, Guinness Centre, Taylors Lane, Dublin 8, Ireland.

5 Page 1 of 2 Fax Order Form To place an order via fax simply print this form, fill in the information below and fax the completed form to (from USA) or (from Rest of World). If you have any questions please visit Order Information Please verify that the product information is correct. Product Name: Web Address: Office Code: Problem Issues in Commercial General Liability, 2nd Edition SC Product Format Please select the product format and quantity you require: E-Book (PDF) - Single User: Quantity USD 53 Contact Information Please enter all the information below in BLOCK CAPITALS Title: Mr Mrs Dr Miss Ms Prof First Name: Last Name: Address: * Job Title: Organisation: Address: City: Postal / Zip Code: Country: Phone Number: Fax Number: * Please refrain from using free accounts when ordering (e.g. Yahoo, Hotmail, AOL)

6 Page 2 of 2 Payment Information Please indicate the payment method you would like to use by selecting the appropriate box. Pay by credit card: You will receive an with a link to a secure webpage to enter your credit card details. Pay by check: Please post the check, accompanied by this form, to: Research and Markets, Guinness Center, Taylors Lane, Dublin 8, Ireland. Pay by wire transfer: Please transfer funds to: Account number Sort code Swift code IBAN number Bank Address ULSBIE2D IE78ULSB Ulster Bank, Main Street, Blackrock, Co. Dublin, Ireland. If you have a Marketing Code please enter it below: Marketing Code: Please note that by ordering from Research and Markets you are agreeing to our Terms and Conditions at Please fax this form to: (646) or (646) From USA or From Rest of World