CALIFORNIA SUPREME COURT LIMITS POLLUTION EXCLUSION IN CGL POLICIES. By Christopher W. Olmsted
|
|
- Preston Short
- 8 years ago
- Views:
Transcription
1 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 insurance coverage for bodily injury or property damage resulting from pollution. Exactly what is pollution and under what circumstances does the pollution exclusion apply? The California Supreme Court recently addressed this question in MacKinnon v. Truck Insurance Exchange (2003) 31 Cal.4 th 635. Summary of Facts In MacKinnon, an apartment owner hired a pest control company to spray insecticide at the apartment to abate a yellow jacket infestation. During one of the treatments, a tenant of the apartment died, allegedly from exposure to the insecticide. A wrongful death action against the apartment owner followed. The apartment owner had a CGL policy with Truck Insurance. Truck Insurance refused to defend and indemnify the apartment owner, citing the pollution exclusion contained in the CGL policy. After settling the wrongful death case, the apartment owner sued Truck Insurance on the coverage issue. Issue and Ruling The specific issue before the Supreme Court was whether the standard CGL pollution exclusion clause applies to exclude injury to a tenant resulting from a landlord s allegedly negligent use of pesticides on his property. The Court unanimously ruled that the exclusion did not apply. The pollution exclusion in question does not plainly and clearly exclude ordinary acts of negligence involving toxic chemicals such as pesticides. In other words, in California the pollution exclusion has been restricted to apply only to traditional environmental or industrial pollution claims. In issuing this ruling the California Supreme Court aligned California insurance law with a slight majority of other states on the issue of the scope and application of the standard pollution exclusion. The Court rejected the minority rule that the pollution exclusion applies to traditional environmental pollution claims and also more broadly to any claims of negligence arising out of exposure to toxic substances. questions or concerns regarding any statute or case law should be addressed to a licensed attorney. Copyright 2004 by Barker Law Group, A Professional Law Corporation. All rights reserved.
2 Analysis and Comment Although at first glance the ruling may seem fairly narrow and straightforward, upon further review it becomes clear that the Court has made a fairly significant ruling. o Policy Language The Truck CGL policy contained the following fairly standard exclusion: "We do not cover Bodily Injury or Property Damage (2) Resulting from the actual, alleged, or threatened discharge, dispersal, release or escape of pollutants: (a) at or from the insured location." The terms "Pollution or Pollutants" are defined, in the definitions section at the beginning of the policy, as "mean[ing] any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste materials. Waste materials include materials which are intended to be or have been recycled, reconditioned or reclaimed." o Rationale for the Decision In reaching its decision, the Court came up with several rationales for limiting the scope of the pollution exclusion. Follow Other Jurisdictions The Court began by noting that few cases in California have addressed the scope of the pollution exclusion. The Court cited only two cases where the issue was raised, and both of those cases involved traditional environmental industrial pollution. (e.g. groundwater contamination from a petroleum plant). Apparently recognizing the need to look farther afield, the Court reviewed decisions in numerous other states, and concluded that the majority of state supreme courts have adopted a narrow interpretation of the exclusion. Examples of cases where the exclusion did not apply in other states include: Carbon monoxide leak from apartment furnace Gasoline leak from commercial gas station Property loss from toxic smoke from fire Accidental discharge of hydrocarbons from oil refinery 2
3 Injuries sustained from ingestion of lead paint chips or other lead poisoning Injuries from exposure to carbon monoxide from an oven Injuries from hydrogen sulfide fumes accidentally emitted from a truck Because the Court cited these cases with approval, it will be interesting to see whether out of state precedents will be adopted by California courts. History and Intent of the Exclusionary Language In justifying the adoption of the narrow scope of the pollution exclusion, the Court reviewed the history and intent of the exclusionary language. Before 1966, most CGL policies did not include a pollution exclusion. To the chagrin of insurance companies, courts began interpreting these policies to cover environmental pollution claims. In response, the insurance industry changed the standard CGL policy from an accidentbased policy to an occurrence-based policy. However, courts continued to find in favor of coverage in cases of long-term gradual exposure to pollution. In the 1970 s, partly prompted by the advent of federal environmental legislation, the industry added a specific pollution exclusion; however, the exclusion did not apply where the pollution discharge was sudden and accidental. Naturally, the focus of litigation in the 1980 s shifted to whether the discharge of pollution in any given case was sudden and accidental. Ultimately, in 1985, the standard CGL policy was changed to include an absolute pollution exclusion. In the context of this history, the Court concluded that the purpose of the absolute pollution exclusion was to eliminate coverage for traditional environmental pollution rather than all injuries from toxic substances. Given that the exclusion did not arise out of the desire to eliminate coverage for ordinary acts of general negligence arising out of exposure to toxic chemicals, it would unfair to policyholders to stretch the exclusion to such unexpected lengths. Policy Context and Avoiding Absurdities The Court was critical of the literal approach to interpreting policy language. Simply looking words up in the dictionary will not do. Rather, the context of the language in the policy must be considered. The Court determined that context of the exclusion supports a narrow interpretation. Relying on general rules regarding policy interpretation, 3
4 the court noted that exclusions must be conspicuous, plain, and clear. A layperson reading the policy would interpret the policy to include coverage for ordinary acts of negligence involving toxic substances. By contrast, a literal reading of the policy language could eliminate coverage for virtually any bodily injury caused by exposure to a chemical substance. The Court gave the example of exposure to pool chlorine or iodine applied to a cut. In other words, adopting a literal reading would start the slide down the proverbial slippery slope. Carrier s Lack of Prior Position The Court was also swayed by the fact that Truck Insurance had never formally taken the position with its insureds generally that the pollution exclusion applied as broadly as it argued in this case. Overall Purpose of CGL Policies Finally, the court observed that the ruling was consistent with the overall purpose of CGL policies: To provide the insured with the broadest spectrum of protection against liability for unintentional and unexpected personal injury or property damage arising out of the conduct of the insured s business. Future of the Pollution Exclusion in California The pollution exclusion in California is now limited to claims involving traditional environmental pollution. Insurers will predictably want to know what is encompassed within traditional environmental pollution. The Court s decision is decidedly unhelpful in this regard; the Court admits that it has not provided a precise definition of pollution and that the issue is left open for future cases. In any event, the Court has redefined the focus of coverage analysis and litigation. No longer can it be argued that the pollution exclusion extends to all cases of exposure to toxic chemicals. Rather, the coverage analysis will shift to the distinction between traditional environmental pollution and ordinary acts of negligence involving toxic chemicals. The many insurers, like Truck Insurance, who have asserted the broad interpretation of the pollution exclusion need to revisit the interpretation of their own policies. Insurers should note that although the Court s decision was made in the context of injury from commercial insecticides, the ramifications of the case are much broader. A review of the out-of-state cases referenced above makes it clear that a wide variety of injuries caused 4
5 by exposure to toxic chemicals are now potentially subject to coverage under the standard CGL policy. As a final thought, there is an open question regarding how the Court s decision will apply to mold and sick building syndrome claims. Some insurers have relied upon the pollution exclusion to deny coverage for such claims. The MacKinnon decision provides insureds counsel with strong arguments that the pollution exclusion does not apply to these claims. Christopher W. Olmsted, Esq. Direct: (619) cwo@barkerlawgroup.com Practice Area: Civil Litigation Areas of Emphasis: Employment Litigation and Labor Law Insurance Defense Insurance Bad Faith Construction Litigation Business Litigation Bar Admissions: California, 1994 California District Court, Central District of California, 1994 U.S. Court of Appeals, Ninth Circuit, 1996 Education: J.D., Loyola Law School, 1994 B.A., University of California, Berkeley, 1991 Summary: Mr. Olmsted is an attorney practicing in the areas of employment litigation and compliance, business litigation, insurance defense, and insurance bad faith. His experience in insurance defense includes automobile, commercial, and homeowners claims, and encompasses personal injury, property damage, mold claims, and wrongful death matters. He has litigated bad faith cases including homeowners, mold, automobile, and disability insurance claims. Additionally, he has represented clients in the areas of business and commercial litigation, asbestos litigation, construction collection and construction defects. 5
6 Mr. Olmsted's employment litigation experience includes: FEHA claims regarding race, gender, age, religion, national origin, sexual orientation, disability, pregnancy and sexual harassment; California CFRA and federal FMLA; federal ADA and ADEA; False Claim and whistleblowing actions; public policy violations; ERISA; Labor Board and Unemployment Insurance claims. He has represented clients in state and federal jury and bench trials, appeals before California and federal courts of appeal, judicial and contractual arbitrations, and administrative law hearings. Mr. Olmsted is a member of: San Diego Risk and Insurance Management Society, Association of Business Trial Lawyers, California Bark Employment Law Section and San Diego County Bar Association Insurance Section. Reported Cases: Wittkopf v. County of Los Angeles, 90 Cal.App. 4 th 1205; Colmenares v. Braemar Country Club, 89 Cal.App. 4 th 778. Seminars presented include: Speaker on The Nuts & Bolts of Prevailing Wage Law for the Engineering General Contractor s Society, San Diego, December 2, Speaker regarding California Leaves of Absences, Lorman Educational Services Seminar, San Diego, CA, October 15, Speaker on How to Litigate Your First Civil Trial in California, National Business Institute, San Diego, CA, Firm-sponsored seminar on Employment Law: Avoiding Liability in the Hiring Process, San Diego, CA, March 27, Speaker regarding Employment Issues for the Construction Trade, Lorman Educational Services Seminar, San Diego, CA July 20, Pro-Bono Activities: San Diego Volunteer Lawyer Program, Domestic Violence Clinic San Diego Volunteer Lawyer Program Disaster Relief Assistance Articles: Appellate Court Rejects Insured s Expansive Definition of Arising Out of the Use Clause, by Christopher W. Olmsted Legislature Doubles Labor Code Fine for Contracting with Unlicensed Contractor, by Christopher W. Olmsted Legislative Update: Labor Code Private Attorneys General Act, by Christopher W. Olmsted What to do in the First 30 Days After Being Sued, by Christopher W. Olmsted 6
Legislative Update: Labor Code Private Attorneys General Act
Legislative Update: Labor Code Private Attorneys General Act By Christopher W. Olmsted, Attorney Recent legislation signed into law by Gray Davis in his waning days as governor will radically increase
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 informationChristine 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 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 informationINSURANCE & 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 informationS15G1177. 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 informationHiscox 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 informationCITRON & CITRON. History
CITRON & CITRON 3420 Ocean Park Boulevard Suite 3030 Santa Monica, CA 90405 (310) 450-6695 (Telephone) (310) 450-3851 (Facsimile) WWW.CITRONLAW.COM *A Martindale Hubbell AV Pre-Eminent Rated Firm* History
More informationOntario 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 informationAmy S. Harris Shareholder
Shareholder Amy Harris joined Macdonald Devin in 1989 and represents clients in state and federal trial and appellate courts, primarily in insurance defense litigation and insurance coverage. She has served
More informationUNPUBLISHED 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 informationPARRY G. CAMERON, Senior Attorney
Phone: 310.557.2009 Fax: 310.551.0283 Email: pcameron@tocounsel.com Parry Cameron has over twenty-three years experience in commercial and business litigation at both the trial and appellate levels. He
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 informationPolicy 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 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 informationParticipation on University of California Employment Practices Liability Program Defense Panel for UC Davis and UC Davis Health Systems Application
THE REGENTS OF THE UNIVERSITY OF CALIFORNIA OFFICE OF THE GENERAL COUNSEL BERKELEY * DAVIS * IRVINE * LOS ANGELES * MERCED * RIVERSIDE * SAN DIEGO * SAN FRANCISCO SANTA BARBARA * SANTA CRUZ 1111 Franklin
More informationAPPEAL 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 informationSexual Abuse and Misconduct Liability Coverage Part
I. What is covered We will pay up to the coverage part limit for damages and claim expenses in excess of the retention for covered claims against you for or alleging sexual abuse and misconduct arising
More informationThe 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 informationThe 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 informationCorporation, 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 informationDefense of State Employees: LIABILITY AND LAWSUITS. UNCW Office of General Counsel January 2010
Defense of State Employees: LIABILITY AND LAWSUITS UNCW Office of General Counsel January 2010 COMMON CAUSES OF ACTION (or what could we be sued for) Tort claims Contract claims Discrimination/Harassment
More informationInsurance 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 informationCARL E. FORSBERG PRACTICE EMPHASIS AND EXPERIENCE EDUCATION BAR / COURT ADMISSIONS HONORS / AWARDS / UNIQUE RECOGNITION.
CARL E. FORSBERG Shareholder Main Phone: 206.689.8500 Direct Line: 206.689.8552 Email: cforsberg@forsberg-umlauf.com PRACTICE EMPHASIS AND EXPERIENCE Insurance Coverage and Analysis Environmental Coverage
More informationLABOR AND EMPLOYMENT LAW UPDATE FOR MAY 2016 LEAGUE OF CALIFORNIA CITIES CONFERENCE. Timothy L. Davis. Burke, Williams & Sorensen, LLP www.bwslaw.
LABOR AND EMPLOYMENT LAW UPDATE FOR MAY 2016 LEAGUE OF CALIFORNIA CITIES CONFERENCE Timothy L. Davis Burke, Williams & Sorensen, LLP www.bwslaw.com OVERVIEW FOR 2016 UPDATE Labor Law Court Decisions Employment
More informationRequired Insurance Language for PRF Construction Contracts
Required Insurance Language for PRF Construction Contracts When working with legal counsel to affect a construction contract for new construction or for build-outs the Purdue Risk Management Department
More informationFEDERAL 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 informationINSURANCE AND POLLUTION PREVENTION
INSURANCE AND POLLUTION PREVENTION Publication #99-439 Environmental Insurance What is environmental insurance and what does it insure against? Environmental insurance insures against potential damages
More informationS. JEFFREY MINKER, P.C.
S. JEFFREY MINKER, P.C. ATTORNEY/MEDIATOR/ARBITRATOR 860 West Ina Road Tucson, Arizona 85704-4405 (520) 797-7800 NAME: OFFICE ADDRESS: Jeffrey Minker Jeffrey Minker, LLC 860 West Ina Road Tucson, Arizona
More informationIN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT
Filed 2/11/15 Estate of Thomson CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified
More informationInsurance 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 informationMASSACHUSETTS INSURANCE LAW UPDATE
THE MCCORMACK FIRM, LLC ATTORNEYS AT LAW MASSACHUSETTS INSURANCE LAW UPDATE Plaintiff Awarded in Excess of $1 Million For Insurer s Failure to Settle Automobile Liability Claim Within $20,000 Policy Limits
More informationFORC 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 informationAbout Us. 701 B Street, Suite 1570, San Diego, CA 92101 Phone: 619.236.9938 Fax: 619.236.9943 www.mcleodlawgroup.com
About Us McLeod Law Group is a boutique civil litigation law firm that is dedicated to providing clients the highest caliber service and representation, while maintaining professionalism, respect and integrity
More informationRLI 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 informationContractors Pollution Liability Policy
The insurance company shown in the Declarations (hereinafter "the Company") in consideration of the payment of the premium and the undertaking of the named insured to pay the Deductible described hereunder,
More informationJohn S. Adler. Focus Areas. Overview
Shareholder 501 W. Broadway Suite 900 San Diego, CA 92101 main: (619) 232-0441 direct: (619) 515-1807 fax: (619) 232-4302 jadler@littler.com Focus Areas Discrimination and Harassment Litigation and Trials
More informationHow To Pay Out Of Pocket
The General terms and conditions and the following terms and conditions all apply to this section. Special definitions for this section Bail costs Claim Crisis containment costs Defence costs Employee
More informationGrowing Abuse Of The Absolute Pollution Exclusion
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 Growing Abuse Of The Absolute Pollution Exclusion
More informationPamela H. Salgado. Focus Areas. Overview
Shareholder One Union Square 600 University Street, Suite 3200 98101 main: (206) 623-3300 direct: (206) 381-4928 fax: (206) 447-6965 psalgado@littler.com Focus Areas Discrimination and Harassment Leaves
More informationBusiness 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 informationSOLICITORS 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 informationAmbulance and Medical Transportation Professional Liability Coverage Part SPECIMEN. We will also make the following payments:
I. What is covered We will pay up to the coverage part limit for damages and claim expenses in excess of the II. Coverage enhancements Defense of licensing proceedings retention for covered claims against
More informationState v. Continental Insurance Company
Public Land and Resources Law Review Volume 0 Fall 2012 Case Summaries State v. Continental Insurance Company John M. Newman john.newman@umontana.edu Follow this and additional works at: http://scholarship.law.umt.edu/plrlr
More informationBut For Causation in Defective Drug and Toxic Exposure Cases: California s Form Jury Instruction CACI 430
But For Causation in Defective Drug and Toxic Exposure Cases: California s Form Jury Instruction CACI 430 By Matt Powers and Charles Lifland Since the California Supreme Court s 1991 decision in Mitchell
More informationJ. GREGORY GRISHAM OF COUNSEL. 414 Union St., Suite 1900 Bank of America Plaza Nashville Tennessee 37219-1782. greg.grisham@leitnerfirm.
J. GREGORY GRISHAM OF COUNSEL 414 Union St., Suite 1900 Bank of America Plaza Nashville Tennessee 37219-1782 greg.grisham@leitnerfirm.com 615-255-7722 (local) 615-780-2210 (fax) 800-421-0979 (toll free)
More informationTHE RIGHT TO INDEPENDENT COUNSEL
THE RIGHT TO INDEPENDENT COUNSEL Julie A. Shehane Cooper & Scully, P.C. 900 Jackson Street, Suite 100 Telephone: 214-712 712-9546 Telecopy: 214-712 712-9540 Email: Julie.Shehane@cooperscully.com 2015 This
More informationSCHEDULE 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 informationEmploymEnt law. www.mpplaw.com
EmploymEnt law 360 www.mpplaw.com about our practice morris polich & purdy s Employment Law attorneys provide full service employment representation to public and private employers of all sizes, from
More informationA&E Briefings. Indemnification Clauses: Uninsurable Contractual Liability. Structuring risk management solutions
A&E Briefings Structuring risk management solutions Spring 2012 Indemnification Clauses: Uninsurable Contractual Liability J. Kent Holland, J.D. ConstructionRisk, LLC Professional consultants are judged
More information2015 IL App (5th) 140227-U NO. 5-14-0227 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT
NOTICE Decision filed 10/15/15. 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. 2015 IL App (5th 140227-U NO. 5-14-0227
More informationVicki Phipps. Focus Areas. Overview
Shareholder 1301 McKinney Street Suite 1900 77010 main: (713) 951-9400 direct: (713) 652-4708 fax: (713) 951-9212 vphipps@littler.com Focus Areas Higher Education Healthcare Discrimination and Harassment
More informationClient Alert. Powerine II Significant Insurance Coverage Implications for Administrative Cleanup Costs. Insurance Recovery. Environmental Litigation
Powerine II Significant Insurance Coverage Implications for Administrative Cleanup Costs by Stewart S. Harrison Insurance Recovery Environmental Litigation In welcome news to umbrella policyholders, the
More informationLife Insurance Law Firm Los Angeles
Life Insurance Law Firm Los Angeles James T. Hudson is a California civil trial lawyer, specializing in insurance disputes. Mr. Hudson handles virtually all types of insurance claims: for disability income
More informationState 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 informationCARRIER AND COURIER LIABILITY INSURANCE POLICY WHEREAS the Insured named in the schedule here to carrying or the business of Common Carriers and none
CARRIER AND COURIER LIABILITY INSURANCE POLICY WHEREAS the Insured named in the schedule here to carrying or the business of Common Carriers and none other for the purpose of this insurance has by a proposal
More informationRESIDENT 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 informationEMPLOYMENT PRACTICES LIABILITY ENDORSEMENT
ENDORSEMENT NO: This endorsement, effective 12:01 am, policy number forms part of issued to: by: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT PRACTICES LIABILITY ENDORSEMENT
More informationKEVIN A. DORSE, Senior Attorney
Phone: 714.549.6180 Fax: 714.549.6201 Email: kdorse@tocounsel.com Kevin Dorse has been representing business and government clients for over 20 years focusing on complex commercial litigation in a wide
More informationCOMPULSORY LIABILITY INSURANCE POLICY PUERTO RICO
COMPULSORY LIABILITY INSURANCE POLICY PUERTO RICO PERSONAL AUTO PP 00 53 10 14 THIS POLICY INCLUDES TEXT FROM THE ANNEX TO RULE LXX OF THE REGULATIONS OF THE INSURANCE CODE OF PUERTO RICO, WHICH CONTAINS
More informationIN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION
IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION COPLEY ASSOCIATES, LTD., DECEMBER TERM, 2005 Plaintiff, NO. 01332 v. COMMERCE PROGRAM ERIE
More informationINSURANCE REQUIREMENTS (A) This insert applies to the following State Contracts:
INSURANCE REQUIREMENTS (A) This insert applies to the following State Contracts: General Conditions of the Construction Contract Design/Bid/Build (SC-6.23), or Contractors Agreement Design/Bid/Build (SC-6.21),
More informationCALIFORNIA S PAID SICK LEAVE LAW NO GET WELL CARD FOR EMPLOYERS
CALIFORNIA S PAID SICK LEAVE LAW NO GET WELL CARD FOR EMPLOYERS BONNIE GLATZER, ESQ. PAUL LYND, ESQ. APRIL 8, 2015 BACKGROUND First paid sick leave mandate with San Francisco s Proposition F in 2006 Other
More informationPERSONAL 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 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 informationLos Angeles Business Litigation Lawyer
Los Angeles Business Litigation Lawyer About Us The Law Offices of Mathew & George is a boutique law firm representing both plaintiffs and defendants in litigation matters and particularly in matters of
More informationMISCELLANEOUS PROFESSIONAL LIABILITY COVERAGE FORM CLAIMS MADE BASIS
This Form Provides Claims-Made Coverage. Please Read The Entire Form Completely. MISCELLANEOUS PROFESSIONAL LIABILITY COVERAGE FORM CLAIMS MADE BASIS Throughout this document, the word Insured means any
More informationWelcome. human, McCuskey & Slicer, PLLC, a law firm located
Welcome S human, McCuskey & Slicer, PLLC, a law firm located in Charleston,West Virginia, provides effective legal representation in state and federal courts across West Virginia and in the Fourth Circuit
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 informationCan 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 informationALLIANT 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 informationRELENTLESS INNOVATIVE EFFECTIVE
RELENTLESS INNOVATIVE EFFECTIVE Salehi & Associates, P.C. 12400 Wilshire Blvd., Suite 1300 Los Angeles, CA 90025 Ph: (310) 820-3366 Fax: (310) 820-3361 Website: www.salehiassoc.com Email: salehiassoc@lawyer.com
More informationLIABILITY 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 information2014 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 informationPROFESSIONAL LIABILITY US DIRECT ERRORS AND OMISSIONS INSURANCE
INSURANCE ABOUT THIS POLICY The Hiscox Professional Liability US Direct policy is designed to offer coverage for the risks entities face in performing their Professional Services. We urge You to read this
More informationLabor & Employment Law Update
, California 90071, California 92260-4305 Wrongful Termination/Retaliation for First Quarter 2007 WRONGFUL TERMINATION Catherine Coble, Esq. Public employer has immunity against direct liability for wrongful
More informationORLANDO MIAMI TALLAHASSEE TAMPA BIRMINGHAM
ORLANDO MIAMI TALLAHASSEE TAMPA BIRMINGHAM Never underestimate the use of imagination and creativity to get the job done. W. L. Bud Kirk chieve S We Believe We believe in treating a client s business as
More informationMISCELLANEOUS 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 informationSanta 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 informationLIABILITY 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 informationPublic charities are all 501(c)(3) but have various missions. Each mission carries significant risks and innocuous risks. Amount of risk depends upon:
Public charities are all 501(c)(3) but have various missions. Each mission carries significant risks and innocuous risks. Amount of risk depends upon: Scale of operation: revenue, assets, staff. Town,
More informationPROFESSIONAL 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 informationManagement liability - Directors and officers liability Policy wording
Special definitions for this section Bail costs Claim Defence costs The General terms and conditions and the following terms and conditions all apply to this section. Costs incurred with our prior written
More informationEXHIBIT D. Insurance Requirements
EXHIBIT D Insurance Requirements A. Prior to commencement of the Work, Sub-Subcontractor will at its sole cost secure/procure, pay for and maintain in full force and effect, at all times during the performance
More informationIntroduction to Directors and Offi cers Liability Insurance
CHAPTER 1 Martin J. O Leary Introduction to Directors and Offi cers Liability Insurance The following is a brief, general overview of coverage afforded under the Directors and Officers Liability Insurance
More informationProfessional Indemnity Insurance ( 蘇 黎 世 產 物 專 業 責 任 保 險 )
免 費 保 戶 服 務 電 話 :0800-880550 資 訊 公 開 查 詢 : http://www.zurich.com.tw 免 費 申 訴 電 話 :0800-501888 消 費 者 可 至 本 公 司 總 分 支 機 構 網 址 查 閱 或 索 取 書 面 資 訊 公 開 說 明 文 件 本 商 品 經 本 公 司 合 格 簽 署 人 員 檢 視 其 內 容 業 已 符 合 保 險
More informationPresent: 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 informationJ. Bernard Alexander, III
J. Bernard Alexander, III Professional Background Bernard Alexander has been litigating in Los Angeles since 1986. For the past 12 years, plaintiffs employment litigation has been the primary focus of
More informationMaryland Insurance Administration Findings and Decision Relating to Mold Limitations for Property and Casualty Insurance
Maryland Insurance Administration Findings and Decision Relating to Mold Limitations for Property and Casualty Insurance Background During recent years, insurers have experienced unprecedented losses for
More informationHOW TO DETERMINE WHETHER YOUR COMMERCIAL GENERAL LIABILITY ( CGL ) INSURANCE CARRIER IS OBLIGATED TO COVER A CLAIM MADE AGAINST YOUR COMPANY
HOW TO DETERMINE WHETHER YOUR COMMERCIAL GENERAL LIABILITY ( CGL ) INSURANCE CARRIER IS OBLIGATED TO COVER A CLAIM MADE AGAINST YOUR COMPANY Every company has a person in charge of its insurance. If your
More informationERRORS AND OMISSIONS INSURANCE COVERAGE FORM
ERRORS AND OMISSIONS INSURANCE COVERAGE FORM NOTICE: This is a Claims Made and Reported Coverage Form. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine
More informationMISCELLANEOUS PROFESSIONAL LIABILITY COVERAGE FORM CLAIMS MADE AND REPORTED BASIS
This Form Provides Claims-Made Coverage. Please Read The Entire Form Completely. MISCELLANEOUS PROFESSIONAL LIABILITY COVERAGE FORM CLAIMS MADE AND REPORTED BASIS Throughout this document, the word Insured
More informationTraci I. Park. Partner Los Angeles
Traci I. Park Partner Los Angeles 444 South Flower Street, Suite 2400 Los Angeles, CA 90071-2953 213.236.2883 d 213.236.0600 t 213.236.2700 f tpark@bwslaw.com Ms. Park exclusively advises and assists private
More informationAmeron International: The California Supreme Court Breathes New Life Into Environmental Coverage Claims for California Policyholders
February 14, 2011 POLICYHOLDER OBSERVER Ameron International: The California Supreme Court Breathes New Life Into Environmental Coverage Claims for California Policyholders By Alex Lathrop and Heather
More informationDouglas S. Parker. Focus Areas. Overview
Office Managing Shareholder 121 SW Morrison Suite 900 Portland, OR 97204 main: (503) 221-0309 direct: (503) 889-8873 fax: (503) 242-2457 dparker@littler.com 310 K Street Suite 400 99501 main: (907) 561-1214
More informationINVESTIGATIONS GONE WILD: Potential Claims By Employees
INTRODUCTION INVESTIGATIONS GONE WILD: Potential Claims By Employees By: Maureen S. Binetti, Esq. Christopher R. Binetti, Paralegal Wilentz, Goldman & Spitzer, P.A. When can the investigation which may
More informationAdrian G. Driscoll's Representative Experience
Adrian G. Driscoll's Representative Experience Practice Area: Construction, Coverage, Insurance Services, Lawyers, Professional Liability Key Issues: Attorney Malpractice; Attorney's Fees and Costs; Construction
More informationIN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. Memorandum and Order
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CAROSELLA & FERRY, P.C., Plaintiff, v. TIG INSURANCE COMPANY, Defendant. CIVIL ACTION NO. 00-2344 Memorandum and Order YOHN,
More informationSpecimen. Private Company Management Liability Insurance Policy Employed Lawyers Liability Coverage Part ( ELAW Coverage Part )
In consideration of the premium charged and in reliance upon the statements made by the Insureds in the Application, which forms a part of this Policy, the Insurer agrees as follows: I. Insuring Agreements
More informationv. CASE NO.: CVA1 09-16 Lower Court Case No.: 2008-CC-7009-O
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA ELOURDE COLIN, Appellant, v. CASE NO.: CVA1 09-16 Lower Court Case No.: 2008-CC-7009-O PROGRESSIVE AMERICAN INSURANCE
More information