CONSTRUCTION LIABILITY CLAIMS: ARE YOU COVERED? (IND004)
|
|
- Alfred Henry
- 8 years ago
- Views:
Transcription
1 CONSTRUCTION LIABILITY CLAIMS: ARE YOU COVERED? (IND004) Speakers: Edward M. Joyce, Partner, Jones Day Scott Allan, Senior Vice President, Lehman Brothers Holdings Inc.
2 The views expressed by the speakers are not those of the speaker s employer, firm, clients, or any other organization. The opinions expressed do not constitute legal or risk management advice. The views discussed are for educational purposes only, and provided only for use during this session.
3 Learning Objectives At the end of this session, you will: Understand your insurance policy provisions in the context of construction liability claims Decipher the complex balance of policy definitions within the work and product exclusions Identify and address common pitfalls when presenting your construction liability claims
4 Are You Covered?
5 Construction Liability Insurance Overview Basic Insurance Policy Coverage Commercial General Liability Broad Form Coverage Owner Controlled Insurance Program (OCIP) Contractor Controlled Insurance Policy (CCIP) Who Should Buy Insurance? Non-Delegable Responsibility How Much Insurance Should I Purchase? Require? Coverage Gaps / Overlap
6 Claim Management Starts At Project Inception Know Your Project - Know Your Risk Understand the Project and the Participants Design Risk Allocation Structure Contracts Accordingly Indemnification Insurance Requirements Policy Prioritization Cost Sharing Read the Entire Agreement Proper Additional Insured Coverage Review Critical Aspects of Insurance Placed by Third Parties Tracking Evidence of Insurance
7 Know Your Project Know Your Risks Know Your Project Parties to the Construction Project Owner Lenders / Investors Design Professionals General Contractors Subcontractors
8 Know Your Project Know Your Risks Potential Sources of Loss Design Defect Design Professionals Design / Build Contractors Construction Defect Materials Workmanship Earth Movement / Settlement Patent Defects vs. Latent Defects Consequential Loss
9 Know Your Project Know Your Risks What s Insurable? What s Not? CGL Policy v. Warranty Policy Business Risk Exclusions Contractual Liability Construction Defect vs. Warranty
10 Presenting Your Claim Identify Potential Parties Understand Applicable Indemnification Provisions and Available Insurance Obtain Certified Copies of Potentially Applicable Policies Notice All Potential Insurance Companies Named Insured / Additional Insured Primary / Excess Coverage May Depend On Perspective Proper and Timely Notice of Claims Initial Notice Keep it Broad / Don t Speculate
11 Presenting Your Claim Establish Effective Relationship with Your Insurer Be a Proactive Participant Establish Effective Communication Selection of Defense Counsel Signs of Trouble Who is the Client? When is Coverage Counsel Appropriate?
12 Coverage Issues Duty to Defend Legally obligated to pay as damages Occurrence Bodily Injury and Property Damage Known Loss Exclusions Slide 12
13 CGL Insuring Agreements A typical CGL insuring agreement provides in part: a. We will 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.... This insurance applies only to bodily injury and property damage which occurs during the policy period. Slide 13
14 CGL Insuring Agreements A typical CGL insuring agreement provides in part: The bodily injury or property damage must be caused by an occurrence. The occurrence must take place in the coverage territory. We will have the right and duty to defend any suit seeking those damages. (NOTE: payment of defense costs does not erode policy limits)
15 Legally Obligated To Pay As Damages Encompasses two distinct concepts: Legally obligated which would include liability for breach of contract; and As damages which includes all monetary sums awarded in judgment to a third party. Slide 15
16 Legally Obligated To Pay As Damages (Continued) POTENTIAL ISSUES: Do actions in equity (injunction, mandamus) which seek monetary damages fall within the as damages definition? Current tide is that they are covered. Do costs incurred in complying with an injunction constitute damages? Traditionally no, but tide is turning. Are costs incurred to prevent or mitigate property damages covered? Courts are all over the map.
17 Occurrence Occurrence vs. claims made policies Various trigger of coverage theories Continuous and repeated exposure to conditions Allocation when multiple policies are triggered Number of occurrences
18 Property Damage Definition of property damage : a. Physical Injury to tangible property, including all resulting loss of use of that property; or b. Loss of use of tangible property that is not physically injured. POTENTIAL ISSUES: Breach of contract Diminution in value Delay and impact damages Preventative costs/loss mitigation
19 Common Exclusions Contractual Liability This insurance does not apply to... bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: 1) that the insured would have in the absence of contact or agreement; or 2) Assumed in a contract or agreement that is an insured contract... Insured Contract can include a lease, an easement, an agreement pertaining to your business to assume the tort liability of another party.
20 Common Exclusions Owned Property Most policies exclude damage to property owned by the insured. Usually does not arise in the construction context except for developers. When does the property transfer -- contract governs, not the policy.
21 Common Exclusions Care, Custody and Control Excludes property damage to property in the care, custody or control of any named or additional insured. Damage to other property not excluded. Necessary part of the work -- excluded. Incidental to the work -- not excluded.
22 Common Exclusions Faulty Workmanship Excludes property damage for which the restoration, repair or replacement of which has been made necessary by reason of faulty workmanship thereon by or on behalf of the insured. POTENTIAL ISSUES INCLUDE: Can be interpreted as ambiguous because it could apply to either flawed quality of finished product or flawed process during construction (not both). Courts have gone both ways. Some courts have held, despite drafting intent, that the exclusion applies to completed operations.
23 Common Exclusions Completed Operations CGL insurance policies usually exclude property damage arising out of your work. The exclusion does not apply, however, if the work was performed on your behalf by a subcontractor. POTENTIAL ISSUES INCLUDE: When was the policyholder s work completed? When did the property damage occur? Endorsements either eliminate or limit the subcontractor exception.
24 Common Exclusions Impaired Property Exclusion Exclusion states that insurance does not apply to: Property damage to impaired property or property that has not been physically injured, arising out of: A defect, deficiency, inadequacy or dangerous condition in your product or your work; or A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.
25 Common Exclusions Impaired Property Exclusion (Continued) Impaired property means tangible property, other than your product or your work, that cannot be used or is less useful because: a. It incorporates your product or your work that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; If such property can be restored to use by: a. The repair, replacement, adjustment or removal of your product or your work; or b. Your fulfilling the terms of contract or agreement.
26 Common Exclusions Impaired Property Exclusion (Continued) POTENTIAL ISSUES INCLUDE: Some courts have interpreted as ambiguous and refused to apply it in its entirety. Exclusion can not apply to physically injured property, only loss of use property damage. Exclusion should not apply where the incorporation of the defective work to tangible property results in no actual physical damage to tangible property but where the removal of that defective work has or will injure other property.
27 Common Exclusions Alienated Premises Excludes property damage to any premises the policyholder sells, gives away, or abandons, if the property damage arises out of any part of those premises. POTENTIAL ISSUES INCLUDE: Damage to other property is not excluded. Some courts interpret the arises out of limitation as requiring a proximate causal relationship. Other courts are satisfied with some lesser causal link.
28 Common Exclusions Business Risk/Your Work Excludes property damage to That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. "Your work" means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. Your work includes warranties or representations made at any time with respect to fitness, quality, durability or performance of any of the items included in a. or b. above.
29 Common Exclusions Business Risk/Your Work (Continued) POTENTIAL ISSUES INCLUDE: Does not apply to the property damage included in the products-completed operations hazard. Applies to work performed on it, meaning the property must pre-exist. Examples include remodeling or service work.
30 Additional Insured Issues Does the additional insured have evidence of the insurance policy/certificate of insurance? Have the policy limits have been exhausted by other claims? Has the insurance policy been cancelled for failure to pay premiums? Is there Other Insurance? Are there allocation issues?
31 Questions?
32
Products Liability and Insuring Protection. ForanGlennonPalandechPonzi&Rudloff PC
Products Liability and Insuring Protection ForanGlennonPalandechPonzi&Rudloff PC Personal Injury Property Damage Economic Loss User (consumer) of ultimate product containing spring gets injured or dies.
More informationCommercial General Liability Insurance (Lecture 9) Overview of Lecture 9 (chapters 3 and 4 CPCU 4)
Commercial General Liability Insurance (Lecture 9) I. Policy structure Overview of Lecture 9 (chapters 3 and 4 CPCU 4) II. Coverages A. Coverage A: BI and PD liability B. Coverage B: Personal injury and
More informationFully Integrated Insurance Solutions
Fully Integrated Insurance Solutions Agenda Identify gaps within the General Liability form Determine what is E&O and why it is needed Explain Chubb s E&O solution Obtain a quote from Chubb General Liability
More informationInsurance and the Construction Failure
Insurance and the Construction Failure 18 th Annual Construction SuperConference December 12, 2003 San Francisco, California James D. Hollyday hollydaj@pepperlaw.com 1 Introduction 1. Contract Drafting
More informationProducts / Completed Operations Liability Coverage Form
Products / Completed Operations Liability Coverage Form THIS INSURANCE PROVIDES CLAIMS MADE COVERAGE PLEASE READ THE ENTIRE FORM CAREFULLY. Various provisions in this policy restrict coverage. Read the
More informationMarine General Liability Insurance. Coverages
Liability Insurance Table Of Contents Section Page No. Coverages Coverage 1 Premises/Operations (1A) 4 Incidental Watercraft (1B) 4 Specific Property Of Others-Care, Control Or Custody (1C) 4 Damage To
More informationUNITED 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 informationManaging Construction Risk through Commercial General Liability Insurance
View the online version at http://us.practicallaw.com/8-574-8645 Managing Construction Risk through Commercial General Liability Insurance ADAM P. HANDFINGER, PECKAR & ABRAMSON, P.C. AND ALEJANDRA EVANS,
More informationATTACHMENT A.6 INSURANCE REQUIREMENTS ROUTINE CONSTRUCTION, MAINTENANCE AND REPAIR PROJECTS
ATTACHMENT A.6 INSURANCE REQUIREMENTS ROUTINE CONSTRUCTION, MAINTENANCE AND REPAIR PROJECTS Contractor shall obtain insurance of the types and in the amounts listed below. A. COMMERCIAL GENERAL AND UMBRELLA
More informationG 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 informationManaging and Insuring the Risks of Affordable Housing Development April 16, 2014
Managing and Insuring the Risks of Affordable Housing Development April 16, 2014 Jeffrey D. Masters Kenneth Williams Cox, Castle & Nicholson LLP Los Angeles John E. Tastor Arthur J. Gallagher & Co. San
More informationLiability Insurance Guidelines For Water Restoration and Mold Contractors April 2013
Liability Insurance Guidelines For Water Restoration and Mold Contractors April 2013 Disclaimer: The following is a draft of suggested language for incorporation into construction insurance specifications.
More information-1- -2- -3- -4- -5- INSURANCE REQUIREMENTS FOR DEVELOPER EXTENSION AGREEMENTS 1.1 The developer shall obtain and keep in force during the term of the contract, Commercial General Liability insurance policies
More informationCovenants to Insure in Commercial Agreements. In House Training Seminar Presented by Satinder K. Sidhu March 8, 2013
Covenants to Insure in Commercial Agreements A Review of the CGL Policy In House Training Seminar Presented by Satinder K. Sidhu March 8, 2013 Introduction & Overview Examples of Covenants to Insure in
More informationGarage 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 informationAUTOMOBILE LIABILITY & PHYSICAL DAMAGE COVERAGE AGREEMENT PART A GENERAL
AUTOMOBILE LIABILITY & PHYSICAL DAMAGE COVERAGE AGREEMENT PART A GENERAL I. The TASB Risk Management Fund (Fund) provides coverage as outlined in this Automobile Liability & Physical Damage Coverage Agreement.
More informationCAMBRIDGE PROPERTY & CASUALTY SPECIAL REPORT
CAMBRIDGE PROPERTY & CASUALTY SPECIAL REPORT MANAGING THE RISK OF INDEPENDENT CONTRACTORS WORKING IN YOUR BUILDING This Special Report was written by Daniel P. Hale, J.D., CPCU, ARM, CRM, LIC, AIC, AIS,
More informationENDORSEMENT JEWELERS EXTENDED GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY 1. Additional Insured by Contract,
More informationConstruction Defects And 'The Space Between'
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 Defects And 'The Space Between' Law360,
More informationSPECIAL REPORT MANAGING THE RISK OF INDEPENDENT CONTRACTORS WORKING IN YOUR BUILDING
SPECIAL REPORT MANAGING THE RISK OF INDEPENDENT CONTRACTORS WORKING IN YOUR BUILDING (04-04-14) This Special Report was written by Daniel P. Hale, J.D., CPCU, ARM, CRM, LIC, AIC, AIS, API of Marsh & McLennan
More informationARCHITECTS AND ENGINEERS PROFESSIONAL LIABILITY INSURANCE By Bruce H. Schoumacher
Querrey Harrow When Results Count. SM www.querrey.com Copyright 2005 Querrey & Harrow, Ltd. All Rights Reserved. ARCHITECTS AND ENGINEERS PROFESSIONAL LIABILITY INSURANCE By Bruce H. Schoumacher Architects
More informationGetting to know. Northeast Agencies, Inc. June 2008. Presented by:
Getting to know COMMERCIAL LIABILITY INSURANCE Presented by: Northeast Agencies, Inc. June 2008 1 Business Liability Coverage Provides Liability coverage for business operations if a claim arises due to
More information國 泰 產 物 Products/Completed Operations Liability Coverage Form (Occurrence Form)
備 查 文 號 :103.03.14(103) 企 字 第 200-196 號 免 費 申 訴 電 話 :0800-036-599 國 泰 產 物 Products/Completed Operations Liability Coverage Form (Occurrence Form) Various provisions in this policy restrict coverage. Read
More informationSpecimen PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY CG 00 37 12 07
COMMERCIAL GENERAL LIABILITY CG 00 37 12 07 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights,
More informationONYX BUSINESS AUTO POLICY COVERAGE
ONYX BUSINESS AUTO POLICY COVERAGE Various provisions in this policy restrict overage Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy
More informationINSURANCE GUIDE I - MINOR CONTRACTS FOR SERVICE
INSURANCE GUIDE I - MINOR CONTRACTS FOR MEETING GUIDE I SPECIFICATIONS DURATION: Project will not exceed 30 calendar days COST: Project cost will not exceed $50,000 RISK: Low, No unusual or high hazards
More informationPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM THIS INSURANCE PROVIDES CLAIMS-MADE COVERAGE. PLEASE READ THE ENTIRE FORM CAREFULLY.
COMMERCIAL GENERAL LIABILITY CG 00 38 12 07 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM THIS INSURANCE PROVIDES CLAIMS-MADE COVERAGE. PLEASE READ THE ENTIRE FORM CAREFULLY. Various provisions
More informationCommercial 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 informationSTATE 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 informationHow the Limits Apply in the CGL
How the Limits Apply in the CGL July 2004 All insurance professionals need to understand how the limits of liability apply in the commercial general liability policy. Whether providing advice to a policyholder
More informationHEALTHCARE 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 informationAnalyzing Coverage For Construction-Defect Liability
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 Analyzing Coverage For Construction-Defect Liability
More informationCONTRACTOR SAFETY LIMITING YOUR LIABILITY MARCH 20, 2013
CONTRACTOR SAFETY LIMITING YOUR LIABILITY MARCH 20, 2013 Scott C. Bellack Senior Vice President Cleveland, Ohio Questions Who is in the audience? Who is responsible for the contractor selection process
More informationHow To Insure A Project In The United States
Recommended Liability Insurance Guidelines For Custom Applicators and Certified Crop Advisors May 2015 Disclaimer: The following is a draft of suggested language for incorporation into services procurement
More informationApril 10, 2015 FLANNER HOUSE OF INDIANAPOLIS INC FLANNER HOUSE ELEMENTARY 2424 DR MARTIN LUTHER KING ST INDIANAPOLIS IN 46208
Liberty Mutual Insurance Processing Center PO Box 515097 Los Angeles, CA 90051-5097 April 10, 2015 FLANNER HOUSE OF INDIANAPOLIS INC FLANNER HOUSE ELEMENTARY 2424 DR MARTIN LUTHER KING ST INDIANAPOLIS
More informationIn Defense of Insured Contracts
In Defense of Insured Contracts July 2007 The term "insured contract" certainly sounds reassuring. As the definition of "insured contract" lists not only certain contracts or agreements (contract for the
More informationThis paper is directed almost
Managing Risk: Insurance and Indemnity Clauses in Construction Contracts David B. Ratterman David B. Ratterman is with Stites & Harbison, PLLC, Louisville, KY. He is Secretary and General Counsel for the
More informationInsurance Coverage Issues for Products Manufactured by Foreign Companies
Insurance Coverage Issues for Products Manufactured by Foreign Companies James S. Carter August 2010 TABLE OF CONTENTS Page I. INTRODUCTION...1 II. COVERAGE PROVISIONS...1 A. Duty to Defend...1 B. Duty
More informationTuesday, March 1, 2016 Houston, TX. 3:55 4:45 p.m. ENERGY 101 A PRIMER ON CGL EXPOSURES AND INSURANCE
Tuesday, March 1, 2016 Houston, TX 3:55 4:45 p.m. ENERGY 101 A PRIMER ON CGL EXPOSURES AND INSURANCE Presented by Cindi Vickers Risk Management Consultant This primer session will dig into the details
More informationThe Hazards of Products and Completed Operations: Understanding the Fundamentals
The Hazards of Products and Completed Operations: Understanding the Fundamentals October 2006 Even those who are relatively new to the insurance industry cannot help but be exposed to continual references
More informationHedging Risk: Construction Bonds, Insurance and Indemnities
Panel Discussion: Andrew J. Heal, LL.M. Brendan Bowles Hedging Risk: Construction Bonds, Insurance and Indemnities Construction Law Primer Andrew J. Heal aheal@healandco.com 416.583.5901 Heal & Co. LLP
More informationTENDERING CLAIMS UNDER YOUR CGL INSURANCE POLICY By Nick M. Campbell, Esq. GREEN & CAMPBELL, LLP. A. History of Commercial Liability Policies
TENDERING CLAIMS UNDER YOUR CGL INSURANCE POLICY By Nick M. Campbell, Esq. GREEN & CAMPBELL, LLP Please note that this article is only intended to provide some general educational information regarding
More informationTHIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: INTEGRATED TECHNOLOGY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: INTEGRATED TECHNOLOGY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL
More informationCOMMERCIAL EXCESS LIABILITY POLICY DECLARATIONS
COMMERCIAL EXCESS LIABILITY POLICY DECLARATIONS Policy No. Renewal 1. NAMED INSURED AND MAILING ADDRESS 2. POLICY PERIOD From To 12:01 A.M. standard time at your mailing address shown above. : 3. LIMITS
More informationCommercial Casualty Insurance
Commercial Casualty Insurance Commercial Package Policy (CPP) Similar to a homeowners' policy, the Commercial Package Policy combines two or more coverages into one policy. This reduces repetitive information,
More informationEvery responsible owner of commercial property carries. public liability insurance. The purpose is usually to provide
THE CGL POLICY - WILL IT COVER A COMMERCIAL BUILDING OWNER FOR CONSTRUCTION DEFECTS IN THE BUILDING? By David H. Fishman GORDON, FEINBLATT, ROTHMAN, HOFFBERGER & HOLLANDER, LLC BALTIMORE, MD Every responsible
More informationDEFECT EXCLUSIONS IN CONTRACT WORK POLICIES
WHITEPAPER May 2014 www.beroeinc.com DEFECT EXCLUSIONS IN CONTRACT WORK POLICIES The need for risk balance and transfer of risk in highly invested construction projects has resulted in the fast growth
More informationERRORS AND OMISSIONS COVERAGE FORM
ERRORS AND OMISSIONS COVERAGE FORM Various provisions in this Coverage Part restrict coverage. Read the entire Coverage Part carefully to determine rights, duties, and what is and is not covered. Throughout
More informationPayment Bond Department of Environment and Conservation, Division of Solid Waste Management, Hazardous Waste Program
Payment Bond Department of Environment and Conservation, Division of Solid Waste Management, Hazardous Waste Program A surety bond, as specified in Rule 0400-12-01-.05(8)(n)9 or part (n)9 of this paragraph,
More informationCOMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT
COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT The Commercial General Liability Enhancement Endorsement is an optional endorsement that provides coverage enhancements. The following is a summary
More informationPending 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 informationSterling 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 informationNEW YORK CONSTRUCTION CERTIFICATE OF LIABILITY INSURANCE ADDENDUM
AGENCY CUSTOMER ID: NEW YORK CONSTRUCTION CERTIFICATE OF LIABILITY INSURANCE ADDENDUM DATE (MM/DD/YYYY) THIS ADDENDUM SUMMARIZES SOME OF THE POLICY PROVISIONS IN THE REFERENCED INSURANCE POLICIES AND IS
More informationThe Hold Harmless Agreement and the CGL
The Hold Harmless Agreement and the CGL Since most insurance agents are not attorneys, dealing with the contractual liability exposure and coverage is a bewildering and intimidating prospect. To make matters
More informationUnderstanding Your DesignOne Coverage:
Understanding Your DesignOne Coverage: Commercial General Liability Insurance An educational resource from CNA and Schinnerer CGL insurance is an important coverage for any business. Understanding this
More informationLIQUOR LIABILITY COVERAGE FORM
COMMERCIAL GENERAL LIABILITY CG 00 34 12 07 LIQUOR LIABILITY COVERAGE FORM THIS FORM PROVIDES CLAIMS-MADE COVERAGE. PLEASE READ THE ENTIRE FORM CAREFULLY. Various provisions in this policy restrict coverage.
More informationFOREIGN COMMERCIAL GENERAL LIABILITY COVERAGE PART OCCURRENCE FORM PLEASE READ THIS ENTIRE FORM CAREFULLY
FOREIGN COMMERCIAL GENERAL LIABILITY COVERAGE PART OCCURRENCE FORM PLEASE READ THIS ENTIRE FORM CAREFULLY Words and phrases that appear in bold type have special meanings please refer to Section II of
More informationCommercial General Liability Insurance Claims-Made Form (Chapters 3, 4 & 5 - Section 2) Overview of Chapters 3, 4 & 5 - Section 2
Commercial General Liability Insurance ClaimsMade Form (Chapters 3, 4 & 5 Section 2) Overview of Chapters 3, 4 & 5 Section 2 I. Occurrence vs. ClaimsMade Form A. Occurrence form B. Claimsmade form C. Advantages
More informationW.E. O NEIL CONSTRUCTION CO. OF COLORADO INSURANCE REQUIREMENTS. Project Name Project Address City, State Zip
W.E. O NEIL CONSTRUCTION CO. OF COLORADO INSURANCE REQUIREMENTS Project Name Project Address Subcontractor SHALL NOT COMMENCE WORK at the site until it has obtained and provided all insurance required
More informationItems 1-7 above shall not be subject to any of the following limiting or exclusionary endorsements:
Page 1 of 5 Supplier's Insurance. Before commencing the Work, and as a condition of any payment due under this Subcontract, Supplier shall, at its own expense, procure and maintain insurance on all of
More informationCOMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT
COMMERCIAL GENERAL LIABILITY UI GL 39 04 14 COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT The Commercial General Liability Enhancement Endorsement is an optional endorsement that provides coverage
More informationW.E. O NEIL CONSTRUCTION CO.
W.E. O NEIL CONSTRUCTION CO. INSURANCE REQUIREMENTS Project Name Project Address Subcontractor SHALL NOT COMMENCE WORK at the site until it has obtained and provided all insurance required by the Contract
More informationDeconstruc*ng Construc*on Coverage: What on Earth Do Construc*on Policies Cover?
Deconstruc*ng Construc*on Coverage: What on Earth Do Construc*on Policies Cover? (SESSION CODE LGL003) SPEAKERS: Peter D. Laun, Esq., Partner, Jones Day David Marino, Executive Vice President, Aon Risk
More informationDotting the i s & Crossing the t s Professional Indemnity Insurance
Dotting the i s & Crossing the t s Professional Indemnity Insurance Michael Earp 26 th May 2009 Dotting the i s & Crossing the t s Professional Indemnity Insurance CONTENTS OF PRESENTATION What is Professional
More informationTHE COMMERCIAL GENERAL LIABILITY POLICY: A Brief Introduction for Clark Wilson LLP Clients
THE COMMERCIAL GENERAL LIABILITY POLICY: A Brief Introduction for Clark Wilson LLP Clients by Nigel Kent Clark Wilson LLP tel. 604.643.3135 npk@cwilson.com www.cwilson.com TABLE OF CONTENTS APPLICABLE
More informationCOMMERCIAL GENERAL LIABILITY COVERAGE - FORM 7001
COMMERCIAL GENERAL LIABILITY COVERAGE - FORM 7001 Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout
More informationPLUGGING HOLES IN CONTRACTORS LIABILITY COVERAGE
WORKSHOP W7 Wednesday, November 11 12:30 p.m. 2:00 p.m. PLUGGING HOLES IN CONTRACTORS LIABILITY COVERAGE Presented by Karen A. Reutter Executive Vice President and Director, Construction Insurance Willis
More informationADDENDUM A1. Subcontractor Insurance Requirements
ADDENDUM A1 Subcontractor Insurance Requirements Certificates and endorsements must be received and approved prior to the start of any work. No payments will be released until all insurance documents are
More informationCLASSIC A-SIDE MANAGEMENT LIABILITY INSURANCE COVERAGE FORM
CLASSIC A-SIDE MANAGEMENT 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 informationCOMMERCIAL GENERAL LIABILITY COVERAGE FORM
COMMERCIAL GENERAL LIABILITY CG 00 01 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage.
More informationintro to professional liability insurance
intro to professional liability insurance the client s resource Professional liability policies are designed for a specific risk the risk of loss caused by the negligent performance of professional services
More informationIMPORTANT! - Please use the attached Application for Payment. All payment requests must be submitted on our form. Thank you!
` SUBCONTRACTOR: PHONE PROJECT: LOCATION: Page 1 of 6 SUBCONTRACT (SHORT FORM) JOB NO.: COST CODE: PRICE: This agreement is made and effective, by and between SUN CONSTRUCTION & FACILITY SERVICES, INC.
More informationLiquor. (Occurrence Form)
Liquor LIABILITY INSURANCE POLICY (Occurrence Form) 95A Turnpike Road Westborough, MA 01581 (508) 366-1140 THIS POLICY JACKET WITH THE Liquor LIABILITY POLICY FORM, DECLARATIONS PAGE AND ENDORSEMENTS,
More informationINSURANCE REQUIREMENTS FOR CONSTRUCTION CONTRACTS ABOVE $25,000
Page 1 of 9 DOCUMENT 00850 INDEMNIFICATION AND INSURANCE REQUIREMENTS EXHIBIT B-1 INSURANCE REQUIREMENTS FOR CONSTRUCTION CONTRACTS ABOVE $25,000 Indemnity The Contractor shall indemnify, defend, and hold
More informationSamantha Ip Clark Wilson LLP tel. 604.643.3172 ssi@cwilson.com D/RJR/682791.1
by Samantha Ip Clark Wilson LLP tel. 604.643.3172 ssi@cwilson.com D/RJR/682791.1 TABLE OF CONTENTS A. INTRODUCTION...1 B. GENERAL INFORMATION ON THE TYPES OF LIABILITY INSURANCE...1 1. GENERAL LIABILITY
More information12/14/2015 HOT TOPICS IN MULTI-USE BUILDINGS: INSURANCE, CONSTRUCTION AND DEVELOPMENT INTRODUCTION AND OVERVIEW
HOT TOPICS IN MULTI-USE BUILDINGS: INSURANCE, CONSTRUCTION AND DEVELOPMENT Philip K. Glick, CPCU, RPLU Two Liberty Place 50 S. 16 th Street, Suite 3600 Philadelphia, PA 19102 P: 267-702-1374 C: 610-551-4734
More informationHOT TOPICS IN MULTI-USE BUILDINGS: INSURANCE, CONSTRUCTION AND DEVELOPMENT
HOT TOPICS IN MULTI-USE BUILDINGS: INSURANCE, CONSTRUCTION AND DEVELOPMENT Philip K. Glick, CPCU, RPLU Two Liberty Place 50 S. 16 th Street, Suite 3600 Philadelphia, PA 19102 P: 267-702-1374 C: 610-551-4734
More informationCOVERAGE. Worker s Compensation Coverage. Coverage for Employer s Liability
OVERVIEW OF WORKER S COMPENSATION AND COMMERCIAL GENERAL LIABILITY COVERAGES Tom Pontikas WORKER S COMPENSATION COVERAGE Worker s Compensation Coverage Coverage for Employer s Liability 2 WORKER S COMPENSATION
More informationEXHIBIT B-1 INSURANCE REQUIREMENTS FOR CONSTRUCTION CONTRACTS ABOVE $30,000
INSURANCE REQUIREMENTS F CONSTRUCTION CONTRACTS ABOVE $30,000 Indemnity To the fullest extent allowed by law, the Contractor shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter
More informationEXHIBIT D INSURANCE REQUIREMENTS
A. INSURANCE Before performing any contract work, Contractor shall procure and maintain, during the life of the contract, unless otherwise specified, insurance listed below. The policies of insurance shall
More informationChapter 1 Insurance Concepts & Principles
Chapter 1 Chapter Objectives Your learning objectives are as follows: Understand the mechanism of insurance. Understand the difference between property and casualty insurance. Learn the parts of the insurance
More informationCALIFORNIA DEPARTMENT OF TRANSPORTATION CONTRACTOR LIABILITY INSURANCE
CALIFORNIA DEPARTMENT OF TRANSPORTATION CONTRACTOR LIABILITY INSURANCE The following are excerpts from Caltrans 2010Standard Specifications. Specifications are subject to change so refer to the project
More informationCommercial Marina Permit
Commercial Marina Permit (1) Commercial Marina Permittee: This Permit is issued on to ( Permittee ) to operate a commercial marina located upon City of Newport Beach ( City ) tidelands, as more particularly
More informationHow To Work With The City Of Riverhead
MEMORANDUM OF UNDERSTANDING BETWEEN RIVERSIDE COMMUNITY COLLEGE DISTRICT and CITY OF RIVERSIDE THIS MEMORANDUM OF UNDERSTANDING ( MOU ) is made and entered into this day of, 2012 ( Effective Date ), by
More informationBuilder's Risk and CGL Insurance for Construction Projects: Mitigating Developer and Contractor Risks
Presenting a live 90-minute webinar with interactive Q&A Builder's Risk and CGL Insurance for Construction Projects: Mitigating Developer and Contractor Risks Evaluating Scope of Coverage, Covered Losses,
More informationTerms and Conditions. 3012436v2 12285.01010
Terms and Conditions ACCEPTANCE. Except as otherwise agreed in a written agreement signed by both parties, these Terms and Conditions will govern Buyer s purchase order. BI Technologies acceptance of Buyer
More informationTHIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY PRINTERS ERRORS AND OMISSIONS LIABILITY COVERAGE
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY PRINTERS ERRORS AND OMISSIONS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY
More informationIDC Member Insurance Program brought to you by LMS PROLINK Ltd.
IDC Member Insurance Program brought to you by LMS PROLINK Ltd. Protecting You and Your Clients LMS PROLINK Ltd. Tel 416.644.7717 480 University Avenue, Toll Free 800.663.6828 Suite 800 Toronto ON Fax
More informationRisk Transfer: A Strategy to Help Protect Your Business. Risk Control
Risk Transfer: A Strategy to Help Protect Your Business Risk Control Businesses rely on crucial relationships with contractors, subcontractors, vendors and consumers. In these relationships, agreements
More informationCGL POLICY VS. BUILDERS RISK POLICY: CHOOSING THE BEST COVERAGE By: Jeff Dennis
CGL POLICY VS. BUILDERS RISK POLICY: CHOOSING THE BEST COVERAGE By: Jeff Dennis When damages and/or injuries occur during the construction of commercial projects, contractual insurance policies are utilized
More informationADDENDUM TO SUBCONTRACT [Contractor s Consolidated Insurance Program]
ADDENDUM TO SUBCONTRACT [Contractor s Consolidated Insurance Program] The Subcontract Agreement between LAYTON CONSTRUCTION COMPANY, INC., a Utah corporation ( Contractor ) and, a ( Subcontractor ) dated
More informationCommercial General Liability Coverage
Commercial General Liability Coverage Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy
More informationLMCIT Service Contract Insurance Recommendations
LMCIT Service Contract Insurance Recommendations The type and amount of insurance should be determined on a case-by case basis dependent upon various factors such as the scope of work and the potential
More informationCOMMERCIAL GENERAL LIABILITY COVERAGE FORM
POLICY NUMBER: QBAV-GL1000 (10-12) COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what
More informationHow To Defend A Policy In Nevada
Insurance for In-House Counsel April 2014 Kevin Stolworthy, Esq. / Conor Flynn, Esq. / Matthew Stafford, Esq. Commercial General Liability Insurance ( CGL insurance ) Purpose of CGL Insurance CGL insurance
More informationCoverage Simplified:
Topics Affecting Buyers of Commercial Insurance MSP C 02/00 Coverage Simplified: Commercial General Liability Insurance February, 2000 Coverage Simplified: Commercial General Liability Insurance Probably
More informationINDEX. bonded contract, 289 insureds, 243. misrepresentation, 291 obtaining, 242
INDEX B non-conforming tender, 284 boiler and machinery insurance, performance bond 241 default by the obligee, 288 coverage, 243 failure to notify, 289 definition of the accident, 245 material variation
More informationCOMMERCIAL EXCESS LIABILITY COVERAGE FORM
COMMERCIAL EXCESS LIABILITY COVERAGE FORM Each section in this Coverage Form may contain exclusions, limitations or restrictions of coverage. Please read the entire Coverage Form carefully to determine
More informationSTOP GAP EMPLOYERS LIABILITY COVERAGE
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. STOP GAP EMPLOYERS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE
More informationChapter Two Liability Coverage
Chapter Two Liability Coverage How Does a Business Become Liable for Injuries to Others? When we say a business is liable for injuries to others, we mean that they are legally responsible for them. It
More information