He has experience with a variety of coverages including general liability, professional liability, commerical auto, property, businessowner's and homeowner's policies, and has successfully prevailed in Illinois cases of first impression applying the business risk exclusions
and the false pretense exclusion.
The third edition contains updated coverage of various issues related to commercial general liability policy, including pollution-related coverage, government-imposed cleanup, trigger of coverage, and business risk exclusions
were the standard-form business risk exclusions in the gas company's policy.
In finding for the insured, Washington Energy, the court declared each business risk exclusion to be vague.
We had an insurer that kind of raised every conceivable business risk exclusion that they thought could be raised in order not to pay the claim," Brendel said.
The court then circumnavigated existing case law which had recognized that mere delivery of a defective product doesn't constitute an occurrence, by stating: "CGL policies generally do not cover contract claims arising out of the insured's defective work or product, but this is by operation of the CGL business risk exclusions
, not because a loss actionable only in contract can never be the result of an 'occurrence.
The Court began with a review of the history of the CGL and its business risk exclusions (the "your work," "your product," and "your property" exclusions), including the 1986 revision that created the subcontractor exception to the "your work" exclusion.
We agree that CGL policies generally do not cover contract claims arising out of the insured's defective work or product, but this is by operation of the CGL's business risk exclusions, not because a loss actionable only in contract can never be the result of an "occurrence" within the meaning of the CGL's initial grant of coverage.
Regarding the role of business risk exclusions, the dissent argued a position less outside the mainstream in contending that there should be no coverage because coverage under the circumstances would run counter to the "purpose of a CGL policy.
It will also feature news on property damage interpretations, mold, occurrence, business risk exclusions
, additional insureds, bad faith, obligations to pay, and allocation, as well as full-text court documents and expert commentary.
Among the featured content of the monthly report will be news on mold ligitation and construction law coverage of such issues as occurrence, business risk exclusions
, property damage interpretations, obligations to pay, additional insureds and bad faith, among others.