David Adelstein | Florida Construction Legal Updates A new insurance coverage opinion dealing with a commercial general liability’s (CGL) duty to defend involved exclusions commonly known as the (j)(6) and (j)(7) property damage exclusions (and in certain policies known as the (j)(5) and (j)(6) exclusions). These are the exclusions that apply during ongoing operations. Exclusion (l), or the “your work” exclusion, applies post-completion, i.e., it… Continue reading CGL Coverage Dispute Regarding the (J)(6) and (J)(7) Property Damage Exclusions
Category: Commercial General Liability Policy
California Appeals Court Says No Duty to Defend Where Policy Exclusion Applies
Alex Purvis, Emily M. Ruzic and Amandeep S. Kahlon | Build Smart In Ali Heidari v. Golden Bear Insurance, a California appeals court recently affirmed a lower court’s decision to deny relief under a CGL policy, where the policy excluded from coverage work performed by subcontractors under the contractor’s warranty exclusion. Specifically, the appellate court upheld the trial… Continue reading California Appeals Court Says No Duty to Defend Where Policy Exclusion Applies
What if the “Your Work” Exclusion is Inapplicable? ISO Classification and Construction Defect Claims
David Humphreys | Carson Law Group One of the risks faced by a residential builder is that, following completion of construction, the homeowner may assert a claim against the builder for damage to the home caused by an alleged construction defect. One of the ways a builder manages the risk of such construction defect claims… Continue reading What if the “Your Work” Exclusion is Inapplicable? ISO Classification and Construction Defect Claims
What Happens When a “Your Work” Exclusion Collides With a “Product Completed Operations” Clause in a CGL policy?
Petar Angelov | Bradley A CGL policy typically defines “your work” as the work performed by or on behalf of the insured and the materials, parts, or equipment furnished in connection with such work. “Product-completed operations” coverage usually protects the insured against liability for property damage or bodily injury caused by the insured’s product or… Continue reading What Happens When a “Your Work” Exclusion Collides With a “Product Completed Operations” Clause in a CGL policy?
Georgia Federal Court Holds That Pollution Exclusion Bars Coverage Under Liability Policy for Claims Arising From Discharge of PFAS Into Waterways
Paul Briganti | White and Williams On December 5, 2022, the U.S. District Court for the District of Georgia held that a total pollution exclusion (TPE) in a CGL policy relieved the insurer of any obligation to defend or indemnify a recycling company in a putative class action alleging PFAS contamination of Georgia waterways. See Grange… Continue reading Georgia Federal Court Holds That Pollution Exclusion Bars Coverage Under Liability Policy for Claims Arising From Discharge of PFAS Into Waterways