General Liability Insurance Coverage: Key Issues in Every State

by Maniloff, Randy J.; Stempel, Jeffrey W.

• ISBN13: 9780199846559
• ISBN10: 0199846553
• Edition: 2nd
• Format: Paperback
• Copyright: 2012-03-09
• Publisher: Lexis Nexis Matthew Bender

Summary

Insurance coverage disputes raise issues in which laws and outcomes regularly vary from state to state. Whether a claim is covered can depend a great deal on whether the case arises on one side of the street or another. It is imperative that insurance claims professionals, lawyers, brokers, risk managers, risk consultants, regulators and judges have adequate access to comparative state-law research. General Liability Insurance Coverage is designed to give the stakeholders in the claims process ready access to the law of all 50 states on the most important liability insurance issues to quickly learn and assess state law relevant to coverage disputes.

Author Biography

Randy J. Maniloff is a partner at White and Williams LLP in Philadelphia. He concentrates his practice in the representation of insurers in coverage disputes over primary and excess obligations under a host of policies, including commercial general liability and various professional liability policies. Mr. Maniloff is a frequent contributor of articles to Mealey's Litigation Report: Insurance, among other publications, addressing a variety of insurance coverage topics. For the past eleven years, Mr. Maniloff has published a year-end article in Mealey's that addresses the ten most significant insurance coverage decisions of that year. Mr. Maniloff has also written for such influential organizations as The Federalist Society, Manhattan Institute and Washington Legal Foundation. Mr. Maniloff is a frequent lecturer at industry seminars and has been quoted on insurance coverage topics by such media as: The Wall Street Journal, The New York Times, USA Today, Dow Jones Newswires, The Philadelphia Inquirer, The Times-Picayune, and The National Law Journal.


Jeffrey W. Stempel is the Doris S. and Theodore B. Lee Professor of Law at the William S. Boyd School of Law at the University of Nevada, Las Vegas. Stempel is a 1981 graduate of Yale Law School, where he was an editor of the Yale Law Journal and co-founder of the Yale Law and Policy Review. He spent two years as a law clerk to a federal district court judge in Philadelphia and three years in private practice with a firm in Minneapolis before entering the teaching profession. He is the author of Stempel on Insurance Contracts, a practitioner-oriented treatise.

Table of Contents

Commercial General Liability Insurance-An Overview	p. 1
The Structure and Development of General Liability Coverage	p. 1
The Organization of the CGL Form	p. 5
Construction and Interpretation of Insurance Policies: Rules of Policy Construction Generally	p. 8
Occurrence Policies as Contrasted with Claims-Made Policies	p. 9
Coverage for Claims of "Bodily Injury"	p. 10
Coverage for "Property Damage"	p. 11
Exclusions from Bodily Injury and Property Damage Coverage	p. 11
The Parameters of Personal Injury and Advertising Injury Coverage	p. 12
Choice of Law for Coverage Disputes	p. 17
50-State Survey: Choice of Law for Coverage Disputes	p. 23
Late Notice Defense Under "Occurrence" Policies: Is Prejudice to the Insurer Required?	p. 45
50-State Survey: Late Notice Defense Under "Occurrence" Policies: Is Prejudice to the Insurer Required?	p. 48
Coverage for Pre-Tender Defense Costs	p. 75
50-State Survey: Coverage for Pre-Tender Defense Costs	p. 77
Duty to Defend Standard: "Four Corners" or Extrinsic Evidence?	p. 89
50-State Survey: Duty to Defend Standard: "Four Corners" or Extrinsic Evidence?	p. 94
Insured's Right to Independent Counsel	p. 123
50-State Survey: Insured's Right to Independent Counsel	p. 129
Insurer's Right to Reimbursement of Defense Costs	p. 149
50-State Survey: Insurer's Right to Reimbursement of Defense Costs	p. 154
Prevailing Insured's Right to Recover Attorney's Fees in Coverage Litigation	p. 169
50-State Survey: Prevailing Insured's Right to Recover Attorney's Fees in Coverage Litigation	p. 172
Number of Occurrences	p. 197
50-State Survey: Number of Occurrences	p. 197
Coverage for Innocent Co-lnsureds: "Any" Insured vs. "The" Insured and the Severability of Interests Clause	p. 225
50-State Survey: Coverage for Innocent Co-lnsureds: "Any" Insured vs. "The" Insured and the Severability of Interests Clause	p. 229
Is Emotional Injury "Bodily Injury"?	p. 255
50-State Survey: Is Emotional Injury "Bodily Injury"?	p. 259
Is Faulty Workmanship an "Occurrence"?	p. 283
50-State Survey: Is Faulty Workmanship an "Occurrence"?	p. 289
Permissible Scope of Indemnification in Construction Contracts	p. 323
50-State Survey: Permissible Scope of Indemnification in Construction Contracts	p. 327
Qualified Pollution Exclusion	p. 355
50-State Survey: Qualified Pollution Exclusion	p. 359
"Absolute" Pollution Exclusion	p. 381
50-State Survey: "Absolute" Pollution Exclusion	p. 385
Trigger-of-Coverage for Latent Injury and Damage Claims	p. 415
50-State Survey: Trigger-of-Coverage for Latent Injury and Damage Claims	p. 421
Trigger of Coverage for Construction Defects and Non-Latent Injury and Damage Claims	p. 437
50-State Survey: Trigger of Coverage for Construction Defects and Non-Latent Injury and Damage Claims	p. 441
Allocation of Latent Injury and Damage Claims	p. 463
50-State Survey: Allocation of Latent Injury and Damage Claims	p. 470
Invasion of Privacy: Guidance from "Junk Fax" Claims	p. 487
50-State Survey: Invasion of Privacy: Guidance from "Junk Fax" Claims	p. 494
Insurability of Punitive Damages	p. 505
50-State Survey: Insurability of Punitive Damages	p. 510
First- and Third-Party Bad Faith Standards	p. 531
50-State Survey: First- and Third-Party Bad Faith Standards	p. 537
The "Reasonable Expectations" Approach to
Insurance Policy Interpretation	p. 577
50-State Survey: The "Reasonable Expectations" Approach to Insurance Policy Interpretation	p. 580
Table Of Cases	p. 603
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