Commercial General Liability : Commercial Lines Coverage Guide

by Malecki, Donald S.

• ISBN13: 9780872187207
• ISBN10: 0872187209
• Edition: 8th
• Format: Paperback
• Copyright: 2005-06-30
• Publisher: Natl Underwriter Co

Summary

From its first edition in 1985, this book has been one of the most consistently and widely used reference sources on general (public) liability issues. The comprehensive, easy to use guide follows the development of the commercial general liability from 1973 through the current form edition. (Accompanying online supplement includes revisions made in the 2007 CGL form.) The book also features summaries of the major insurance policy endorsements, as well as a how-to guide on tailoring a policy to meet clients' needs. Includes reproductions of standard general liability policy forms from 1973 through 2007 so that easy comparisons can be made. The authors provide historical context for the changes in the forms, as well as case law support for their analysis of the forms. Discussions cover both occurrence based and claims-made formats.

Table of Contents

Introduction	1	(4)
Coverage A --- Bodily Injury and Property Damage Liability
Insuring Agreement	5	(1)
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	(3)
Defense of the Indemnitee --- Costs Within or Outside the Policy Limit?	22	(2)
Exclusions	24	(1)
Exclusion A --- Expected or Intended Injury	24	(1)
Exclusion B --- Contractual Liability	25	(1)
Liability in Absence of Contract	26	(1)
Meaning of ``Insured Contract	27	(1)
What Insured Contract Does Not Include	28	(1)
Railroad Protective Exclusion	29	(2)
Professional Liability Exclusion	31	(1)
Defense Costs Assumed under Contract	32	(1)
Exclusion C --- Liquor Liability	33	(3)
Exclusion D --- Workers Compensation and Similar Laws	36	(1)
Exclusion E --- Employers Liability	36	(2)
Dual Capacity Claims	38	(1)
Third-Party Over Actions	39	(1)
Exclusion F --- Pollution	39	(1)
Background	40	(11)
Pollution Coverage Options	51	(3)
Exclusion G --- Aircraft, Auto or Watercraft	54	(3)
Meaning of ``Auto'' and ``Mobile Equipment''	57	(4)
2004 Revision Affecting Mobile Equipment	61	(1)
Exclusion H --- Mobile Equipment	61	(1)
Exclusion I --- War	62	(1)
Exclusion J --- Damage to Property	63	(9)
Exclusion K --- Damage to ``Your Product''	72	(2)
Exclusion L --- Damage to ``Your Work''	74	(3)
Exclusion M --- Damage to Impaired Property or Property Not Physically Injured	77	(6)
Exclusion N --- Recall of Products, Work, or Impaired Property	83	(1)
Exclusion O --- Personal and Advertising Injury	84	(1)
Exclusion P --- Electronic Data	85	(1)
Fire Damage Coverage	85	(5)
Coverage B --- Personal and Advertising Injury Liability
Insuring Agreement	90	(1)
Insurer's Duty to Defend	90	(1)
Coverage Triggers	91	(1)
Definition of Personal and Advertising Injury	92	(1)
False Arrest, Detention or Imprisonment; Malicious Prosecution	92	(1)
Wrongful Eviction, Wrongful Entry, Invasion of Right of Private Occupancy	93	(2)
Slander, Libel, Disparagement	95	(1)
Violation of a Person's Right of Privacy	96	(1)
Unauthorized Use, Infringement	96	(2)
Exclusions	98	(1)
Exclusion A --- ``Knowing Violation of Rights of Another''	98	(1)
Exclusion B --- ``Material Published with Knowledge of Falsity''	99	(1)
Exclusion C --- ``Material Published Prior to Policy Period''	99	(1)
Exclusion D --- ``Criminal Acts''	100	(1)
Exclusion E --- ``Contractual Liability''	100	(1)
Exclusion F --- ``Breach of Contract''	101	(1)
Exclusion G --- ``Quality or Performance of Goods --- Failure to Conform to Statements''	101	(1)
Exclusion H --- ``Wrong Description of Prices''	102	(1)
Exclusion I --- ``Infringement of Copyright, Patent, Trademark or Trade Secret''	102	(1)
Exclusion J --- ``Insureds in Media and Internet Type Businesses''	103	(1)
Exclusion K --- ``Electronic Chatrooms or Bulletin Boards''	104	(1)
Exclusion L --- ``Unauthorized Use of Another's Name or Product''	104	(1)
Exclusion M --- ``Pollution''	104	(1)
Exclusion N --- ``Pollution-Related''	104	(1)
Exclusion O --- ``War''	105	(2)
Coverage C --- Medical Payments
Insuring Agreement	107	(2)
Exclusions	109	(4)
Managing the Claims-Made Trigger
Reasons for Claims-Made Trigger	113	(2)
Occurrence Trigger Provisions	115	(1)
Montrose Provision	116	(2)
Claims-Made Provisions	118	(2)
Retroactive Date	120	(1)
Extended Reporting Periods	121	(1)
Basic Tail	122	(1)
Supplemental Tail	123	(2)
Other Insurance	125	(1)
Considerations in Issuing Claims-Made Policies	125	(3)
Exclusion of Specific Accidents, etc.	128	(2)
Special Products Problem	130	(3)
General Provisions
Who is an Insured	133	(1)
``You'' and Other Designated Persons	134	(1)
Volunteer Workers and Employees	135	(2)
Volunteers as Insureds	137	(1)
Definitions	137	(1)
Co-Employee Exclusion	138	(1)
Third Party Actions	139	(1)
Professional Liability Exclusions	139	(1)
Property Damage Exclusion	140	(1)
Real Estate Managers, Custodians, and Legal Representatives	140	(1)
Operators of Mobile Equipment	141	(2)
Newly Acquired Organizations	143	(1)
Undeclared Partnerships and Joint Ventures	144	(1)
Limits of Insurance	145	(1)
Aggregate Limits	146	(1)
Impact on Excess or Umbrella	147	(1)
Applicable Endorsements	148	(1)
Other Limits	148	(2)
Application of Limits	150	(1)
Conditions	150	(1)
Bankruptcy	151	(1)
Duties in the Event of Occurrence, Claim, or Suit	151	(2)
Legal Action Against Insurer	153	(1)
Other Insurance	153	(5)
Premium Audit	158	(1)
Representations	158	(1)
Separation of Insureds	159	(1)
Transfer of Rights of Recovery	159	(1)
Nonrenewal	159	(1)
Right to Claim Information	159	(1)
Cancellation	160	(1)
Changes	160	(1)
Examination of Books and Records	160	(1)
Inspections and Surveys	160	(1)
Premiums	161	(1)
Transfer of Rights and Duties	161	(3)
CGL Endorsements and Miscellaneous Coverage Forms
Mandatory Endorsement	164	(1)
Deductible Endorsements	164	(1)
Additional Coverage Endorsements	165	(1)
Additional Insured Endorsements	166	(16)
Exclusions Endorsements	182	(42)
Coverage Amendment Endorsements	224	(8)
Amendment of Limits Endorsements	232	(1)
Claims-Made Endorsements	233	(1)
Other Endorsements	234	(1)
Miscellaneous Coverage Forms	235
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 Occrrence Coverage Form
1998 Claims-Made Coverage Form
Appendix H:
2001 Occurrence Coverage Form
2001 Claims-Made Coverage Form
Appendix I:
2004 Occurrence Coverage Form
2004 Claims-Made Coverage Form
Appendix J:
Commercial General Liability Declarations
Appendix K:
Common Policy Conditions
Index