Library Search
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Risk Management For Construction Projects ( January 2003 )
For many construction participants, the concept of risk management is roughly equivalent to insurance. In reality, however, insurance is only one of the mechanisms available to manage and transfer construction project risks. The most significant risk allocation tools are the contracts governing each participant's project responsibilities. -
Insurance as a Means of Defining and Transferring Environmental Risks ( November 2002 )
Potentially costly environmental risks often present difficult obstacles for parties purchasing or selling real estate or engaging in corporate mergers, acquisitions or divestitures. While environmental liabilities are sometimes easily quantifiable, the differing perceptions of opposing parties regarding such risks can at other times present deal threatening issues. -
Court of Appeals Finds Coverage in Cyberspace and Criticizes Standard CGL Exclusions: Computer Corner, Inc. v. Fireman's Fund Insurance Company ( November 2002 )
Any counsel who has been involved with coverage issues in New Mexico probably did a double-take when reading this case found in the May 23, 2002 New Mexico Bar Bulletin. In <I>Computer Corner</I>, 2002-NMCA-054, 2002 N.M. App. LEXIS 37, <I>cert. denied</I> 2002 N.M. LEXIS 182, the New Mexico Court of Appeals ("Court of Appeals") held that a commercial general liability insurance policy ("CGL") provided coverage for liability arising from the loss of data stored on a computer hard drive, apparently relying on the surprising finding of fact that computer data is "tangible" property. -
Emergency Preparedness: D&O Lessons From September 11 ( December 2002 )
As a result of the September 11 events, the importance of effective emergency preparedness and management is now greater than ever and requires fresh attention by virtually every company. -
Fourth Circuit Confirms That Equitable Claims Against The Gun Industry Are Not Covered By General Liability Insurance ( January 2002 )
The Fourth Circuit Court of Appeals has confirmed that claims against the firearm industry seeking equitable remedies in an effort to change the way the industry does business are not covered under general liability insurance contracts because the claims do not seek "damages." -
The United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) has certified to the District of Columbia Court of Appeals (D.C. Court of Appeals) the question of whether under District of Columbia law an "absolute" or "total" pollution exclusion in a general liability policy applies to injuries allegedly arising from a residential carbon monoxide poisoning.
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New Developments on Whether the Absolute Pollution Exclusion Clause Bars Coverage for Non-environmental Pollution ( November 2001 )
The Supreme Court of Nebraska recently joined the majority by holding that xylene fumes created from the application of a floor sealant was a pollutant and therefore the absolute pollution exclusion barred coverage for damage caused by the fumes. -
Pennsylvania Supreme Court Issues Two Important Insurance Coverage Opinions ( November 2001 )
In a case of first impression, the court adopted a broad standard for known loss doctrine. In a second case the court remanded a pollution exclusion case with endorsement of regulatory estoppel principle. -
Fourth Circuit Affirms Denial of Coverage To Gun Maker--Claims of Negligent Marketing and Failure to Warn Do Arise From The Manufacturer's Product ( September 2001 )
The Fourth Circuit Court of Appeal's held on September 6, 2001, that claims against gun manufacturer for negligent marketing of guns and a failure to warn about the hazards associated with the use of those gus do arise from its product—the guns—and, therefore, are barred from coverage by the "Products-Completed Operations Hazard" exclusion in the manufacturer's general liability insurance contracts. -
Gun Distributor Misfires in Bid for Insurance Coverage ( December 2000 )
This alert reviews four decisions that discuss whether an insurer has a duty to defend a distributor of handguns under contracts for general liability insurance. The different conclusions reached in these cases demonstrate the importance of forum selection and choice of law.