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.
were the standard-form business risk exclusions in the gas company's policy.
This interpretation of the subcontractor exception to the business risk exclusion does not "create coverage" where none existed before, as American Family contends.
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.
July 11, 1991), the court held that the business risk exclusion
did not apply to injury caused by lead pigment in paint because the product, while inherently dangerous, was not defective.
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
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.
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.