Bevin Carroll and Julie Klein | Kennedys In a landmark decision, the Illinois Supreme Court has set forth a new legal framework to follow when analyzing coverage for construction defect claims under CGL policies. In Acuity v. M/I Homes of Chicago, LLC, 2023 IL 129087, __ N.E.3d __ (2023) (“Acuity”), Illinois’ highest court abrogated the longstanding… Continue reading Negligent Damage to an Insured’s Work Now Considered “Property Damage” Caused by an “Occurrence” Under Illinois Law
Tag: Commercial General Liability Policy
Related Claims Provisions in Claims-Made Liability Policies: The Policy Wording Matters!
Creighton Page | Foley Hoag Key Takeaways: Liability insurance policies are typically written on either an “occurrence” basis or a “claims made” basis. Under an occurrence-basis policy, the liability will be covered if the injury or damage occurred during the policy period. Under a claims-made policy, the coverage is triggered if the claim against the… Continue reading Related Claims Provisions in Claims-Made Liability Policies: The Policy Wording Matters!
The Contractual Liability Exclusion In Insurance Contracts
Schwartz, Conroy & Hack General liability insurance policies typically contain several exclusions. One of the most common of these is the exclusion barring coverage for liability that the policyholder assumes through contracts with other parties. Depending on your business, it may be advisable to purchase a contractual liability endorsement as an add-on to your general… Continue reading The Contractual Liability Exclusion In Insurance Contracts
Are Punitive Damages Covered By Commercial General Liability Insurance?
Schwartz, Conroy & Hack Punitive damage awards. While your commercial general liability (CGL) insurance policy may provide coverage for punitive damages, coverage will also depend on the public policy in the state whose law governs the dispute. What Are Punitive Damages? Unlike compensatory damages, which compensate a plaintiff for injury or other losses caused by… Continue reading Are Punitive Damages Covered By Commercial General Liability Insurance?
Continuous-Trigger theory, Construction Defects Coverage Update
Joshua LaBar | Plunkett Cooney The West Virginia Supreme Court of Appeals answered the following certified question from the U.S. Court of Appeals for the Fourth Circuit: “At what point in time does bodily injury occur to trigger insurance coverage for claims stemming from chemical exposure or other analogous harm that contributed to the development… Continue reading Continuous-Trigger theory, Construction Defects Coverage Update