I’ve often said that it’s inexcusable when a claim is denied for no other reason than “It’s not covered.” The insured is owed a reason for a claim denial, by contract or law. However, sometimes when I hear the reason, I think perhaps that it’s better I didn’t know because, to paraphrase Art Linkletter, “Adjusters…
A subcontractor installing a deck on a home under construction penetrated a foundation water barrier and rain water entered, damaging the basement ceiling, sheetrock, and carpeting. The general contractor’s insurer has denied the claim under the CGL policy. Is the insurer right?
In response to an article we published called “What Is(n’t) ‘Your Work’ in the CGL?,” we got a response from a reader (see below) that resulted in a promise to further explore the CGL workmanship exclusions and the trend in some legal jurisdictions to deny coverage based, not on an exclusion, but the failure of…
In response to an article we published called “What Is(n’t) ‘Your Work’ in the CGL?,” we got a response from a reader (see below) that resulted in a promise to further explore the CGL workmanship exclusions and the trend in some legal jurisdictions to deny coverage based, not on an exclusion, but the failure of…
In response to an article we published called “What Is(n’t) ‘Your Work’ in the CGL?,” we got a response from a reader (see below) that resulted in a promise to further explore the CGL workmanship exclusions and the trend in some legal jurisdictions to deny coverage based, not on an exclusion, but the failure of…
You insure a mini-storage warehouse owner. The rental/lease contract stipulates that the owner can sell any property stored by a renter/lessee if they fail to pay. Your insured sells the property of a delinquent tenant and is then sued. In addition, he mistakenly sells property of a tenant who had paid on time. Does the…
The insured is an exclusive private club where smoking is permitted in certain areas of the club. The insured has inquired about liability for patrons who could allege bodily injury as a result of exposure to second hand smoke, and he wanted to know if there was a coverage issue. At first, I indicated that…
A contractor’s employee had possession of master keys for several dorm buildings at a university. While at lunch, he accidentally left the keys on a ladder and they were gone when he returned. The university had to rekey all of the dorm buildings. The contractor’s CGL carrier has denied the claim, citing exclusion j.(4) and…
A contractor accidentally caused a sewer line to collapse, resulting in a backup into a nearby home. The CGL insurer denied the claim, citing the pollution exclusion. Is sewage a “pollutant” under the CGL? Does the pollution exclusion apply? (Note: Even if the sewage is a “pollutant,” that doesn’t necessarily mean the exclusion applies…read more…
One of the most misunderstood provisions in the CGL policy is the “your work” exclusion. In this article, we’ll take a look at several actual claims and when the exclusion does and doesn’t apply in a contracting situation. We’ll also take a look at a couple of new ISO endorsements that make this exclusion absolute.
