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Commercial General Liability Policies Contract Terms

Benesch

Cargo Loss and Damage Liability in eVTOL and UAV Transportation

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Electric vertical takeoff and landing aircraft (eVTOLs) and Unmanned Aerial Vehicles (UAVs or, colloquially, drones) are increasingly being integrated into supply chains. ...more

Carlton Fields

Eleventh Circuit Holds Course of Construction Exclusion Applies to Water Damage as Project Was Not Fully Complete

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In Liberty Surplus Insurance Corp. v. Kaufman Lynn Construction Inc., the Eleventh Circuit Court of Appeals held that a “course of construction exclusion” in a commercial general liability precluded coverage for water damage...more

Carlton Fields

Square Peg, Round Hole: 6th Circuit Affirms Finding That Cyber Claims Are Not Covered by CGL Policies

Carlton Fields on

In Home Depot Inc. v. Steadfast Insurance Co., Home Depot learned the hard way a rule every DIY enthusiast knows: measure twice, cut once. It appears Home Depot’s measurements were off when it sized up its insurance needs,...more

Bradley Arant Boult Cummings LLP

Insurance in the Know (Part 3): Recoupment of Defense Costs Is Not a “Right” in a Standard CGL Policy

The foundation of a policyholder’s agreement to pay premiums for a standard commercial general liability policy (CGL) is the insurer’s agreement to defend the policyholder against lawsuits and shoulder the costs of the...more

Jones Day

Navigating Indemnity Disputes in an Ever-Changing Legal Environment

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In Short - The Background: Indemnity clauses are often included in contracts and can be extremely valuable, but they also raise many potential challenges to enforcing them, including state statutes, common law...more

Freiberger Haber LLP

Extreme Vacations and Limitations of Liability

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By Jonathan H. Freiberger This Blog has recently written on the issue of contractual limitations of liability.  [Here] Proving that timing is everything, Jonathan H. Freiberger, one of Freiberger Haber LLP’s founding members,...more

Carlton Fields

Second Circuit Gives Lesson in Interplay Between Construction Contracts and CGL/Umbrella Policies

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On construction projects, it is common for the owners, general contractors, and subcontractors to execute various contracts requiring the parties to procure insurance and have other parties designated as additional insureds...more

Ervin Cohen & Jessup LLP

Insure Against Data Breaches Suffered By Vendors and Service Providers

Over the last several years several companies, including Marriott, Yahoo and Volkswagen, have been victimized by hackers breaking into a company’s computer network. In some cases, they have put confidential information on the...more

Jenner & Block

Client Alert: A Minimum is Not a Maximum: The Texas Supreme Court Rejects a Common Insurer Tactic to Reduce Additional Insured...

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It is an all-too-common scenario for insurance practitioners. Company A hires an independent contractor to perform work on its premises. Their agreement specifies that Contractor will procure liability insurance—often...more

Sheppard Mullin Richter & Hampton LLP

Failure to Timely Produce in Discovery Underlying Written Contract with Insured Prevented General Contractor from Establishing...

Voyager Indemnity Insurance Company (“Voyager) issued a commercial liability insurance policy to MRB Construction, Inc. (“MRB Construction”), a framing subcontractor. As is common with such policies, MRB Construction’s policy...more

Tarter Krinsky & Drogin LLP

Indemnity Provisions – What You Need to Know

The indemnification clause is one of the most important provisions in a construction contract. It transfers risk from one party, the “indemnitee,” to another party, the “indemnitor.” The risk is transferred by way of the...more

BCLP

Sanctions on Russia: what about your contracts?

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As you will know, an unprecedented sanctions regime has been imposed by the UK, EU and US in response to Russia’s actions concerning Ukraine. But what issues could arise for your contracts with Russian or Ukrainian parties or...more

BakerHostetler

Fifth Circuit Opinion: Common ‘Knock-for-Knock' Indemnity Agreements May Not Limit Exposure as Parties Intended

BakerHostetler on

The Fifth Circuit’s opinion in Cimarex Energy Company, et al. v. CP Well Testing, L.L.C. will require oil and gas companies throughout the oil patch to review their form contracts, preexisting agreements and liability...more

Hinshaw & Culbertson - Insights for Insurers

Second Circuit Rules Indemnity Provision in Construction Contract Trumps "Other Insurance" Clause in Determining Priority of...

A recent decision by a panel of the U.S. District Court of Appeals for the Second Circuit serves as a reminder that sometimes insurers and policyholders must look outside the insurance policies to determine the priority of...more

Carlton Fields

Eleventh Circuit Weighs in on Allocated Verdict Form Procedure

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The Eleventh Circuit, in the matter of QBE Specialty Insurance Co. v. Scrap Inc., affirmed the district court’s decision to grant summary judgment in favor of QBE holding that there was no indemnity coverage for an underlying...more

Troutman Pepper Locke

PA Introduces Legislation That Would Rewrite Business Interruption Insurance Policies To Cover COVID-19 Losses

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Pennsylvania recently joined the movement to introduce legislation that would override insurance policy language and require carriers that have issued commercial liability policies — specifically policies covering business...more

King & Spalding

Disrupting the Disruptor: How a Prepared and Proactive Owner Can Mitigate the Effects of Coronavirus on Construction Projects

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Once a remote health issue in China, the rapidly spreading coronavirus (COVID-19) has become not only a global health concern but also potentially a global economic disruptor that could impact nearly every industry. The...more

Williams Mullen

"An Ounce of Prevention is Worth a Pound of Cure" - Commercial Contracts in the Era of Coronavirus (COVID-19)

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With the spread of Coronavirus (COVID-19) in the United States, many of our clients are facing the mass cancellation of events and damaging service interruptions. This disruption can cripple one’s business, so clients are...more

Polsinelli

COVID-19 and Its Growing Impact on Commercial Contracts: How Should Contracting Parties Respond?

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COVID-19 is causing a rapidly evolving public health crisis, and businesses face uncertainty about their commercial relationships. That uncertainty is raising questions about performance under contractual agreements that were...more

Skadden, Arps, Slate, Meagher & Flom LLP

Coronavirus/COVID-19: Implications for Commercial and Financial Contracts

The outbreak of coronavirus (also known as COVID-19) is reportedly impacting global manufacturing, transportation and cross-border supply chains underpinning many aspects of international trade and commerce. Some companies...more

Spilman Thomas & Battle, PLLC

Indemnification Agreements and Insured Contracts – Yes, Your Business and/or Your Insurer Might Just Owe a Defense and Indemnity!

This article addresses potential issues and concerns, which may arise between General Contractors (“General”), Subcontractors (the “Sub”) and their insurers when claims by outside parties (also known as third-parties) may...more

Robinson+Cole Data Privacy + Security Insider

Limitation of Liability

I continuously confront vendors who say I am “the only” lawyer who objects to limitation of liability provisions that attempt to limit the liability of a security incident to the amount of the contract....more

White and Williams LLP

District Court of Missouri Limits Whining About the Scope of Waiver of Subrogation Clauses in Wine Storage Agreements

White and Williams LLP on

In Netherlands Ins. Co. v. Cellar Advisors, LLC, 2019 U.S. Dist. Lexis 10655 (E.D. Mo.), the United States District Court for the Eastern District of Missouri considered the scope of a waiver of subrogation clause in two wine...more

Harris Beach Murtha PLLC

Legalization of Hemp Will Give Businesses More Recourse and Certainty in Court

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The 2018 Farm Bill, once signed into law, is expected to have a liberating effect on hemp and hemp-related businesses. Some of the impacts of this legislation are clear, such as opening the industry to new entrants and making...more

Troutman Pepper Locke

The Buckeye State Bucks Recent Trend: Ohio Supreme Court Holds That Property Damage Caused By A Subcontractor’s Faulty Work Does...

Troutman Pepper Locke on

Ohio N. Univ. v. Charles Constr. Servs., 2018 Ohio LEXIS 2375 (Oct. 9, 2018) - This case arose out of the construction of an inn and conference center at Ohio Northern University (“ONU”). After completion of the project,...more

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