General Liability Insurance Coverage: Key Issues In Every State (Commercial Lines)

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9781506140209: General Liability Insurance Coverage: Key Issues In Every State (Commercial Lines)
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Those involved with general (and professional) liability insurance claims, such as insurance company claims professionals, coverage counsel, risk managers and brokers all respond to a new claim scenario with the same three words: Is it covered? [That may also be the last time that they agree on anything.] It’s just three words -- but the answer can be vexing. Despite the relative uniformity of general liability policies, states can differ widely in their interpretation and application of them. So the answer to the “Is it covered?” question can depend a great deal on whether the case arises on one side of the street (or river or mountain) or another. General liability issues usually involve one or more rules, or schools of thought, that govern their resolution. The task for courts is often to identify and examine these various rules and decide which to apply to the claim before it. "General Liability Insurance Coverage -- Key Issues in Every State" sets forth the rules that have been adopted by all 50 states, and the District of Columbia, for 21 important and commonly occurring general liability insurance coverage issues. And about half the issues are just as relevant for professional liability claims scenarios. 50 State Surveys on insurance coverage issues are inherently limited. "Key Issues" understands this and seeks to provide as much relevant information as possible to maximize their usefulness. To the extent possible, "Key Issues" sets out the aspects of cases (e.g., facts and/or policy language) that were at issue in the court’s decision. This enables the reader to compare the cases in the book, to his or her claim at hand, and come away with an understanding of how the issue may be resolved by a court. Although "Key Issues" is aimed at attorneys and insurance professionals with some degree of experience, it is accessible to entry-level readers as well. Chapter 1 provides an overview of the CGL policy. Each chapter after that contains an overview of the nature, background, development, and competing schools of thought concerning a key issue followed by a comprehensive state-by-state summary of relevant law, including the latest cases and developments. Table of Contents Commercial General Liability Insurance—An Overview Choice of Law for Coverage Disputes Late Notice Defense Under “Occurrence” Policies: Is Prejudice to the Insurer Required? Coverage for Pre-Tender Defense Costs Duty to Defend Standard: “Four Corners” or Extrinsic Evidence? Insured’s Right to Independent Counsel Insurer’s Right to Reimbursement of Defense Costs Prevailing Insured’s Right to Recover Attorney’s Fees in Coverage Litigation Number of Occurrences Coverage for Innocent Co-Insureds: “Any” Insured vs. “The” Insured and the Severability of Interests Clause Is Emotional Injury “Bodily Injury?” Is Faulty Workmanship an “Occurrence?” Permissible Scope of Indemnification in Construction Contracts Qualified Pollution Exclusion Absolute Pollution Exclusion Trigger of Coverage for Latent Injury and Damage Claims Trigger of Coverage for Construction Defects and Non-Latent Injury and Damage Claims Allocation of Latent Injury and Damage Claims Coverage For Privacy Claims and Cyber Risks Insurability of Punitive Damages First- and Third-Party Bad Faith Standards The Reasonable Expectations Approach to Insurance

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About the Author:

Randy J. Maniloff is an attorney at White and Williams, LLP in Philadelphia. He concentrates his practice in the representation of insurers in coverage disputes under a host of policies. Mr. Maniloff publishes Coverage Opinions, an electronic newsletter that addresses recent insurance coverage developments and features interviews with leading figures in the legal and risk field. For the past fourteen years, he has published a year-end article that addresses the ten most significant insurance coverage decisions of that year. He has been quoted on insurance coverage topics by such media as The Wall Street Journal, The New York Times, USA Today, Dow Jones Newswires and Associated Press. Jeffrey W. Stempel, the Doris S. & Theodore B. Lee Professor of Law, teaches legal ethics, civil procedure, insurance, and contracts at the William S. Boyd School of Law, University of Nevada Las Vegas. He is the author or co-author of many law journal articles and six previous books, including Principles of Insurance Law (4th ed. 2011) and Stempel on Insurance Contracts (3d ed. 2006). Prior to joining the UNLV law faculty in 1999, he taught at Florida State University College of Law and Brooklyn Law School and has been a practicing attorney and judicial clerk.

Review:

"Drawing on decades of experience and thousands of precedent setting cases across all 50 states, Maniloff and Stempel have assembled the most comprehensive claims coverage reference guide in existence. Every claims professional, underwriter, attorney, broker and insurance regulator should keep a copy of this book at their fingertips." --Robert P. Hartwig, Ph.D., CPCU President, Insurance Information Institute "I have a prominent place in my office for the new and thorough insurance treatise by Randy Maniloff and Jeffrey Stempel. They provide a comprehensive base of insurance law against which to assess the availability of insurance coverage for many current liability exposures. Eminently readable and up to date, this new entrant into the arena of insurance treatises quickly has moved to the top of my list of insurance resources." --Jerold Oshinsky Partner, Jenner & Block LLP "As someone who answers several thousand coverage questions annually f

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9780195381511: General Liability Insurance Coverage: Key Issues in Every State

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ISBN 10:  0195381513 ISBN 13:  9780195381511
Publisher: Oxford University Press, 2011
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