By: Jeremiah Welch, Saxe Doernberger & Vita, P.C. and Chad Hall, R-T Specialty, LLC. Project-specific policies sold to the construction industry routinely include ISO form CG 21 44 07 98, entitled “Limitation of Coverage to Designated Premises or Project”, to identify the covered construction project. Care must be taken in the use of this form, […]

From structural collapses to fires, the construction industry has experienced a number of high-profile catastrophes over the past decade. These disasters test the mettle of even the most experienced risk professionals and the strongest insurance programs. Issues can arise in all facets of the company’s contracts and insurance policies, and dealing with the aftermath is […]

The financial integrity of commercial entities depends heavily on their ability to anticipate risks and financial liabilities while working in conjunction with their partners and insurers to allocate these costs before they arise. This is a fluid and dynamic process as some companies’ operations may span across numerous jurisdictions with varying approaches to the legal […]

Many policyholders assume that “following form” excess liability coverage will be available, if needed, above the primary policy’s limits. This assumption should never replace the true measure of determining coverage—reading the policy. As the Eleventh Circuit recently held in Starstone National Insurance Co. v. Polynesian Inn, LLC, 2020 WL 3121299 (11th Cir. June 12, 2020, unpub.), […]

An Indiana businessman found out the hard way how far his insurance company was willing to go to avoid paying a claim after it misrepresented the coverage of a crime policy it sold to him. The quote for the policy indicated that it included coverage for losses resulting from computer hacking. Despite this representation, when […]

The COVID-19 pandemic has led to an unprecedented number of event cancellations ranging from travel and tourism, hotel and hospitality, corporate conferences, outdoor festivals, as well as many other events. By far, one of the largest industries impacted by COVID-19 is the hospitality industry. It is the start of the wedding season, and venues have […]

In American States Insurance Company v. Insurance Company of the State of Pennsylvania, No. 18-15770, 2020 WL 70491, the Ninth Circuit issued a decision about the role umbrella insurance policies have when there is a gap in insurance coverage, thereby opening the possibility for equitable contribution claims. In 2007, Sierra Pacific Industries hired subcontractor Howell Forest […]

Contradicting the Missouri Supreme Court and the majority of courts nationally, the 8th Circuit, applying Missouri law, recently ruled, in American Family Mutual Ins. Co. v. Mid-American Grain Distributors LLC, that defective or faulty workmanship is not an “occurrence” within the meaning of a Commercial General Liability (“CGL”) policy.1 Mid-American designed and constructed a grain […]

The cancellation of events producing income, galas and other fundraising events, the furloughing and quarantining of employees and volunteers, and the prospect of possible third-party liability claims have all caused considerable financial strains for many nonprofit entities, in recent weeks, thanks to the COVID-19 crisis. Insurance coverage can help nonprofits weather the storm but getting […]