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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. -
March 2004 Insurance Law Alert ( March 2004 )
This issue contains articles on asbestos claims against Crown Cork & Seal, barred coverage for losses incurred from substandard steel, Alabama's jurisidiction over Cayman Island complaints, and Halliburton's Asbestos Bankruptcy Plan. -
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. -
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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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. -
Common Liability Exclusions: The Good, The Bad and The Ugly ( August 2000 )
This article explains general liability exclusions and how those exclusions coordinate with other provisions of the insurance contract. -
Fifth Circuit Update ( March 2000 )
This article provides an overview of recent cases that have been decided by the Fifth Circuit Court of Appeals.
