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.
A state-by-state review of the decisions on this subject reveals a broad spectrum of interpretations spanning the gap from those which find that defective construction is never an "occurrence" (therefore, regardless of the extent of damage beyond the insured's own work product, the claim is not covered), to those which find not only that defective construction is an "occurrence" but that the business risk exclusions
are ambiguous and do not bar coverage for repair and replacement of the insured's own work product.
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
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
were the standard-form business risk exclusions
in the gas company's policy.
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.
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.
94) After reviewing the basic purpose of business risk exclusions
in general liability policies, the Court rejected the policyholder's supposition that the exception to the contractual liability exclusion granted coverage for claims based on the breach of warranty: "The contention runs directly counter to the basic principle that exclusion clauses subtract from coverage rather than grant it.
The business risk exclusions
are designed to make certain that the insured's responsibility for the performance and quality of its own work or products is not passed off to its liability insurer.