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Negligence › Occurrence › Commercial General Liability Policies

Rivkin Radler LLP

August 2025 Insurance Update

Rivkin Radler LLP on

“Arising out of” is a phrase commonly found in an insurance policy. It’s a broad phrase, and courts construe it that way. When this phrase appears in an exclusion, courts often apply a “but for” causation test. And that may...more

Ervin Cohen & Jessup LLP

Construction Defect Damages May Exceed Cost To Repair

Ervin Cohen & Jessup LLP on

Construction defect cases often involve damage claims beyond simply the cost to repair the allegedly defective unit or component. These consequential damages may include damages for loss of use, expenses for mitigation and...more

Nossaman LLP

Insurers Argue Damage by Meteor is all that is Covered in a CGL

Nossaman LLP on

In a decision out of the Superior Court in Delaware, Judge Rocanelli bought a favorite insurance industry argument so extreme, several state legislatures (including Colorado and South Carolina) have passed laws overruling...more

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