In finding for the insured, Washington Energy, the court declared each business risk exclusion
to be vague.
The Court observed that This interpretation of the subcontractor exception to the business risk exclusion
does not "create coverage" where none existed before, as American Family contends.
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.
Exclusions that may impact upon products liability claims include: the business risk exclusion
, exempting from coverage any damages resulting from the policyholder's product failing to perform its designated function; the injury to products or work exclusion, which denies coverage for damages to the policyholder's own product or work; and the sistership exclusion, under which the insurance company excludes indemnity for damages arising from product recall.
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.
broad form general liability policy currently in use contains three exclusions, generally referred to collectively as the "business risk exclusions
," as follows:
For example, when a third party files a liability claim for damage or injury involving an insured's product or work, adjusters sometimes see the words "product" or "project" and turn to a boilerplate litany of the business risk exclusions
. However, merely citing them and then adding that "other exclusions also may apply," isn't quite as valuable to the insured as it should be.
Collectively referred to as the business risk exclusions
, they provide a road map of the difference between the uninsurable cost of doing business and insurable business liabilities.
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
. A chapter is supplied on those coverage problems expected to arise concerning e-commerce and other electronic media.
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.
Mealey said the new title is being launched to cover "this dynamic and evolving area of insurance law." 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.