Cgl Commercial General Liability

by Malecki, Donald S.; Flitner, Arthur L.

• ISBN13: 9780872183964
• ISBN10: 0872183963
• Edition: 7th
• Format: Paperback
• Copyright: 2001-11-01
• Publisher: Natl Underwriter Co

Table of Contents

Introduction	1	(5)
Coverage A---Bodily Injury and Property Damage Liability
Insuring Agreement	5	(14)
Meaning of Legally Obligated	6	(1)
``Damages Because of''	6	(1)
``Bodily Injury'' and ``Property Damage''	7	(3)
Caused by ``Occurrence''	10	(1)
``Coverage Territory''	11	(3)
Coverage Triggers	14	(1)
Duty to Defend-Allocation	15	(3)
Relationship of Defense Costs to Limits of Insurance	18	(1)
Definition of ``Suit''	19	(1)
Supplementary Payments	19	(5)
Defense of the Indemnitee-Costs Within or Outside the Policy Limit?	22	(2)
Exclusions	24	(59)
Expected or Intended Injury	25	(1)
Contractual Liability	26	(1)
Liability in Absence of Contract	26	(1)
Meaning of ``Insured Contract	27	(2)
What Insured Contract Does Not Include	29	(1)
Railroad Protective Exclusion	29	(2)
Professional Liability Exclusion	31	(1)
Defense Costs Assumed under Contract	32	(1)
Liquor Liability	33	(3)
Workers Compensation and Similar Laws	36	(1)
Employers Liability	36	(2)
Dual Capacity Claims	38	(1)
Third-Party Over Actions	39	(1)
Pollution	40	(1)
Background	40	(11)
Pollution Coverage Options	51	(3)
Aircraft, Auto or Watercraft	54	(3)
Meaning of ``Auto'' and ``Mobile Equipment''	57	(3)
Mobile Equipment	60	(1)
War	61	(1)
Damage to Property	61	(9)
Damage to ``Your Product''	70	(3)
Damage to ``Your Work''	73	(3)
Damage to Impaired Property or Property Not Physically Injured	76	(5)
Recall of Products, Work, or Impaired Property	81	(1)
Personal and Advertising Injury	82	(1)
Fire Damage Coverage	83	(5)
Coverage B---Personal and Advertising Injury Liability
Insuring Agreement	88	(1)
Insurer's Duty to Defend	89	(1)
Coverage Triggers	89	(1)
Definition of Personal and Advertising Injury	90	(1)
False Arrest, Detention or Imprisonment; Malicious Prosecution	91	(1)
Wrongful Eviction, Wrongful Entry, Invasion of Right of Private Occupancy	91	(2)
Slander, Libel, Disparagement	93	(1)
Violation of a Person's Right of Privacy	94	(1)
Unauthorized Use, Infringement	94	(2)
Exclusions	96	(10)
Knowing Violation of Rights of Another''	96	(1)
Material Published with Knowledge of Falsity''	97	(1)
Material Published Prior to Policy Period''	97	(1)
Criminal Acts''	98	(1)
Contractual Liability''	99	(1)
Breach of Contract''	99	(1)
Quality or Performance of Goods-Failure to Conform to Statements''	100	(1)
Wrong Description of Prices''	100	(1)
Infringement of Copyright, Patent, Trademark or Trade Secret''	101	(1)
Insureds in Media and Internet Type Businesses''	101	(1)
Electronic Chatrooms or Bulletin Boards''	102	(1)
Unauthorized Use of Another's Name or Product''	103	(1)
Pollution''	103	(1)
Pollution-Related''	103	(3)
Coverage C---Medical Payments
Insuring Agreement	106	(1)
Exclusions	107	(4)
Managing the Claims-Made Trigger
Reasons for Claims-Made Trigger	111	(3)
Occurrence Trigger Provisions	114	(3)
Claims-Made Provisions	117	(1)
Retroactive Date	118	(1)
Extended Reporting Periods	119	(1)
Basic Tail	120	(2)
Supplemental Tail	122	(1)
Other Insurance	123	(1)
Considerations in Issuing Claims-Made Policies	124	(2)
Exclusion of Specific Accidents, etc.	126	(2)
Special Products Problem	128	(3)
General Provisions
Who is an Insured	131	(4)
``You'' and Other Designated Persons	132	(1)
Volunteer Workers and Employees	133	(2)
Volunteers as Insureds	135	(1)
Definitions	135	(1)
Co-Employee Exclusion	136	(1)
Third Party Actions	137	(1)
Professional Liability Exclusions	137	(1)
Property Damage Exclusion	138	(1)
Real Estate Managers, Custodians, and Legal Representatives	138	(1)
Operators of Mobile Equipment	139	(2)
Newly Acquired Organizations	141	(1)
Undeclared Partnerships and Joint Ventures	142	(1)
Limits of Insurance	142	(2)
Aggregate Limits	144	(1)
Impact on Excess or Umbrella	145	(1)
Applicable Endorsements	146	(1)
Other Limits	146	(1)
Application of Limits	147	(1)
Conditions	148	(1)
Bankruptcy	149	(1)
Duties in the Event of Occurrence, Claim, or Suit	149	(2)
Legal Action Against Insurer	151	(1)
Other Insurance	151	(4)
Premium Audit	155	(1)
Representations	155	(1)
Separation of Insureds	155	(1)
Transfer of Rights of Recovery	156	(1)
Nonrenewal	156	(1)
Right to Claim Information	156	(1)
Cancellation	156	(1)
Changes	157	(1)
Examination of Books and Records	157	(1)
Inspections and Surveys	157	(1)
Premiums	157	(1)
Transfer of Rights and Duties	158
CGL Endorsements
Deductible Endorsements	157	(3)
Additional Coverage Endorsements	160	(2)
Additional Insured Endorsements	162	(14)
Exclusions Endorsements	176	(41)
Coverage Amendment Endorsements	217	(6)
Amendment of Limits Endorsements	223	(2)
Claims-Made Endorsements	225	(1)
Other Endorsements	225
Appendices
Appendix A
GL Policy Jacket Provisions
1973 Comprehensive General Liability Form
Broad Form Comprehensive General Liability Endorsement
Appendix B
1986 Occurrence Coverage Form
1986 Claims-Made Coverage Form
Appendix C
1990 Occurrence Coverage Form
1990 Claims-Made Coverage Form
Appendix D
1992 Changes in Commercial General Liability Coverage Form
Appendix E
1993 Occurrence Coverage Form
1993 Claims-Made Coverage Form
Appendix F
1996 Occurrence Coverage Form
1996 Claims-Made Coverage Form
Appendix G
1998 Occurrence Coverage Form
1998 Claims-Made Coverage Form
Appendix H
2001 Occurrence Coverage Form
2001 Claims-Made Coverage Form
Appendix I
Common Policy Conditions
Index