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City of Littleton, Wallis, and Insurance For Multi-Year Liability Claims ( February 2000 )
Recently the Colorado Supreme Court decided two important cases arising in the environmental insurance coverage context. The decisions are expected to have a major impact on the availability of insurance coverage for Colorado policyholders. -
On June 28, 1999, the Colorado Supreme Court issued a landmark decision addressing insurance coverage for the cities of Littleton and Englewood at the Lowry Landfill. In Compass Insurance Co. v. City of Littleton, the Colorado Supreme Court held that insurance companies issuing standard form comprehensive liability (CGL) insurance policies had to defend the cities against the EPA's allegations of environmental liability under Superfund.
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How to Locate Lost or Missing Policies in Reconstructing Insurance Coverage for Environmental Damage Claims ( August 1998 )
The Standard Form Comprehensive General Liability Insurance Policy or ("CGL") has been drafted on an industry-wide basis through organizations such as the Insurance Services Office (ISO), and its predecessor, the Insurance Rating Board. The Standard Form Comprehensive General Liability Policy contains common insuring agreements, definitions, exclusions, terms, and conditions, and in most respects varies insignificantly from one policy to another when analyzing for environmental damage claims coverage. -
Principles Of Advertising Injury Coverage ( July 2004 )
Standard Commercial General Liability ("CGL") policy forms provide coverage for advertising injury liability. Advertising injury is typically defined to comprise certain offenses, such as defamation, invasion of privacy, "misappropriation of advertising ideas or style of doing business," and "infringement of copyright, title, or slogan." This coverage became standard in 1986; before then, insurers offered advertising injury liability coverage by endorsement and charged an additional premium. -
Businesses need to know what insurance may be available to protect them against contractual indemnification claims when such claims arise. Both customers and vendors of computer software should consider what insurance products are available in the marketplace, whether they should have certain insurance in their own portfolio, and whether they should require that other contracting parties have particular insurance to protect against significant risk that may arise under their contracts.
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Evaluation and Management of Insurance Coverage Against Intellectual Property Claims ( February 2004 )
It is an event that all corporate risk managers dread. An envelope arrives at your office that contains a letter accusing your company of infringing on various intellectual property rights of the sender. Or worse yet, the envelope contains a lawsuit against your company seeking substantial monetary damages and a request for an injunction to prevent you from continuing to sell your products or otherwise engaging in your business. An expensive, time-consuming and potentially devastating legal dispute lies ahead. -
February 2004 Insurance Law Alert ( February 2004 )
Contains discussions on the fifth circuit diversity jurisdiction rules of for Lloyd’s of London, a Delaware bankruptcy judge refusing to confirm chapter 11 plan of reorganization for AC&S, and that the Wisconsin supreme court holds that contractual liability exclusion does not bar coverage for a construction defect claim. -
Terrorism Insurance: Congress to the Rescue? ( August 2003 )
As the cost of terrorism insurance soared, many borrowers found it difficult to secure insurers willing to provide coverage for terrorism at reasonable rates. Prior to September 11, 2001, insurers and reinsurers did not deem the risk of terrorist attacks material enough to fashion exclusions for such events in all-risk insurance policies covering high-rise office buildings. The state of the insurance industry, however, underwent a dramatic change following the destruction of the World Trade Center. Due to the scale of damages and the unpredictability of future terrorist attacks, many reinsurers began refusing to renew coverage for terrorist attacks. In response, as primary all-risk policies came up for renewal, almost all primary property and casualty insurance carriers began to exclude terrorist acts from coverage. This exclusion forced commercial property owners to look to stand-alone terrorism coverage. -
CCA-Treated Wood Litigation and Insurance Coverage Issues ( February 2003 )
Forecasting a potential litigation explosion arising from a company's allegedly hazardous product may be a determining factor as to whether a company survives the litigation storm or suffers a more dismal fate, such as bankruptcy. Unfortunately, forecasting the "mass-tort" phenomenon is an imperfect science and extremely difficult.
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