The CG 22 92 purports to extend completed operations coverage to snow plow operations via exception to CGL Exclusion g. However, this flies in the face of most interpretations that the CGL policy provides completed operations coverage for exposures created by the prior operation of an auto.
One of the most common contractual requirements your commercial insureds face is a requirement to waive a right of subrogation. Most often, these waivers are one-sided when it comes to general liability, but mutual with regard to property damage under lease agreements. They can also arise under business auto, workers compensation, marine, umbrella, and other…
Many insurance policies exclude or limit coverage for damage to property in an insured’s “care, custody or control,” but what does that term really mean? While we’ll probably be debating this issue for years to come, in this article, we’ll take a look at an actual claim and discuss some of the critical issues that…
The CGL policy usually covers both on-going and completed operations. However, at what point is an operation completed? This question has particular significance when the business is involved in some sort of periodic service contract.
The BAP covers loading and unloading of a vehicle if done by hand, hand truck, or a mechanical device attached to the auto. The CGL policy picks up the exposure if property is moved by an unattached mechanical device other than a hand truck. So, the question is, what is a “hand truck”?
Property was stolen from a guest’s auto in the insured hotel’s self-parking garage. The guest made a negligence claim against the hotel. The adjuster has denied the claim on the basis that, under state law, theft is not included in the definition of “property damage.” If the guest sues, the adjuster says no coverage, no…
Recently our “Ask an Expert” service received two questions from agents in different states who had experienced the same claim. A restaurant customer broke a tooth on an olive pit in a salad and the restaurant’s insurer denied liability. Read the full article to get our slant on this denial, as well as learn something…
A restaurant was insured under a CGL with the CG 24 07 attached. A customer broke a crown eating a BBQ sandwich. The adjuster denied the $285 medical payments claim due to the CG 24 07. Subsequently, they denied the liability claim on the basis that, once the product has been turned over to the…
The named insured is a corporation. The sole stockholder personally owns a piece of land on which the corporation parks its vehicles. A pedestrian tripped on the premises and is suing the insured corporation. The location of this land was not specifically scheduled as a location on the policy. The insurer of seven years is…
There has been an increasingly disturbing trend of courts upholding claim denials based on property damage not arising from an “occurrence” in the CGL policy. Typically, these claims involve contractors and damage to “your work.” While I’m not saying the claims are covered, I do question whether the “no occurrence” basis for the denial is…
