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General Liability Insurance Coverage : Key Issues in Every State,9780199846559
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General Liability Insurance Coverage : Key Issues in Every State

by ;
ISBN13:

9780199846559

ISBN10:
0199846553
Format:
Paperback
Pub. Date:
3/7/2012
Publisher(s):
Oxford Univ Pr
List Price: $125.00

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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 Overviewp. 1
The Structure and Development of General Liability Coveragep. 1
The Organization of the CGL Formp. 5
Construction and Interpretation of Insurance Policies: Rules of Policy Construction Generallyp. 8
Occurrence Policies as Contrasted with Claims-Made Policiesp. 9
Coverage for Claims of "Bodily Injury"p. 10
Coverage for "Property Damage"p. 11
Exclusions from Bodily Injury and Property Damage Coveragep. 11
The Parameters of Personal Injury and Advertising Injury Coveragep. 12
Choice of Law for Coverage Disputesp. 17
50-State Survey: Choice of Law for Coverage Disputesp. 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 Costsp. 75
50-State Survey: Coverage for Pre-Tender Defense Costsp. 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 Counselp. 123
50-State Survey: Insured's Right to Independent Counselp. 129
Insurer's Right to Reimbursement of Defense Costsp. 149
50-State Survey: Insurer's Right to Reimbursement of Defense Costsp. 154
Prevailing Insured's Right to Recover Attorney's Fees in Coverage Litigationp. 169
50-State Survey: Prevailing Insured's Right to Recover Attorney's Fees in Coverage Litigationp. 172
Number of Occurrencesp. 197
50-State Survey: Number of Occurrencesp. 197
Coverage for Innocent Co-lnsureds: "Any" Insured vs. "The" Insured and the Severability of Interests Clausep. 225
50-State Survey: Coverage for Innocent Co-lnsureds: "Any" Insured vs. "The" Insured and the Severability of Interests Clausep. 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 Contractsp. 323
50-State Survey: Permissible Scope of Indemnification in Construction Contractsp. 327
Qualified Pollution Exclusionp. 355
50-State Survey: Qualified Pollution Exclusionp. 359
"Absolute" Pollution Exclusionp. 381
50-State Survey: "Absolute" Pollution Exclusionp. 385
Trigger-of-Coverage for Latent Injury and Damage Claimsp. 415
50-State Survey: Trigger-of-Coverage for Latent Injury and Damage Claimsp. 421
Trigger of Coverage for Construction Defects and Non-Latent Injury and Damage Claimsp. 437
50-State Survey: Trigger of Coverage for Construction Defects and Non-Latent Injury and Damage Claimsp. 441
Allocation of Latent Injury and Damage Claimsp. 463
50-State Survey: Allocation of Latent Injury and Damage Claimsp. 470
Invasion of Privacy: Guidance from "Junk Fax" Claimsp. 487
50-State Survey: Invasion of Privacy: Guidance from "Junk Fax" Claimsp. 494
Insurability of Punitive Damagesp. 505
50-State Survey: Insurability of Punitive Damagesp. 510
First- and Third-Party Bad Faith Standardsp. 531
50-State Survey: First- and Third-Party Bad Faith Standardsp. 537
The "Reasonable Expectations" Approach to
Insurance Policy Interpretationp. 577
50-State Survey: The "Reasonable Expectations" Approach to Insurance Policy Interpretationp. 580
Table Of Casesp. 603
Table of Contents provided by Ingram. All Rights Reserved.


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