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Evolution Of Additional Insured Coverage Under Cgl Policies
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Book Synopsis Construction Insurance by : Stephen D. Palley
Download or read book Construction Insurance written by Stephen D. Palley and published by American Bar Association. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The intersection between construction and insurance is an often overlooked, but essential consideration. This important resource is a perfect practice handbook for construction lawyers, written by practitioners with considerable expertise in both construction and insurance. This practical book provides overviews of individual construction insurance topic areas in each chapter, chosen because of their relevance to construction lawyers.
Book Synopsis General Liability Insurance Coverage by : Randy J. Maniloff
Download or read book General Liability Insurance Coverage written by Randy J. Maniloff and published by OUP USA. This book was released on 2012-03-22 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Insurance coverage disputes raise issues in which laws and outcomes regularly vary from state to state. Whether a claim is covered can depend a great deal on whether the case arises on one side of the street or another. It is imperative that insurance claims professionals, lawyers, brokers, risk managers, risk consultants, regulators and judges have adequate access to comparative state-law research. This book is designed to give the stakeholders in the claims process ready access to the law of all 50 states on the most important liability insurance issues to quickly learn and assess state law relevant to coverage disputes. The Second Edition includes nearly 800 new cases covering all 50 states and the District of Columbia, and adds a new chapter addressing Coverage for Pre-Tender Defense Costs.
Book Synopsis Commercial General Liability Coverage Guide by : Donald S. Malecki
Download or read book Commercial General Liability Coverage Guide written by Donald S. Malecki and published by . This book was released on 2011-09-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Let the Industry's most renowned CGL experts take you to the heart of general liability exposures and problems. This guide is the only resource to provide an in-depth, year-to-year comparison covering over 20 years of the CGL form. You'll also find court case citations that clarify the policy, summaries of all major endorsements to the forms and tips on how to tailor a policy to meet the needs of your clients. Commercial General Liability, 9th Edition has been updated to include the most recent exclusions and exceptions of the CGL form.
Book Synopsis Commercial General Liability by : Donald S. Malecki
Download or read book Commercial General Liability written by Donald S. Malecki and published by Probus Publishing Company. This book was released on 1990 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Liability Insurance in International Arbitration by : Richard Jacobs QC
Download or read book Liability Insurance in International Arbitration written by Richard Jacobs QC and published by Hart Publishing. This book was released on 2011-01-13 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: JOINT WINNER OF THE BRITISH INSURANCE LAW ASSOCIATION BOOK PRIZE 2012 This is the second, revised edition, of what has become and was described by the English Court of Appeal in C v D as the standard work on Bermuda Form excess insurance policies. The Form, first used in the 1980s, covers liabilities for catastrophes such as serious explosions or mass tort litigation and is now widely used by insurance companies. It is unusual in that it includes a clause requiring disputes to be arbitrated under English procedural rules in London but, surprisingly, subject to New York substantive law. This calls for a rare mix of knowledge and experience on the part of the lawyers involved, each of whom will also be required to confront the many differences between English and US legal culture. A related feature of the Form is that the awards of arbitrators are confidential and not subject to the scrutiny of the courts. Therefore, while many lawyers have been involved in litigating on the Bermuda Form their knowledge remains locked away. The Bermuda Form is thus not well understood, a situation not helped by the lack of publications dealing with it. Accordingly, those required to deal with the Form professionally are confronted with a lengthy and complex document, but with very little to aid their understanding of it. This unique and comprehensive work offers a detailed commentary on how the Form is to be construed, its coverage, the substantive law to be applied, the limits of liability, exceptions, and, of course, the procedures to be followed during arbitration proceedings in London. This is a book which will prove invaluable to lawyers, risk managers, and executives of companies which purchase insurance on the Bermuda Form, and clients, lawyers or arbitrators involved in disputes arising therefrom. '...deserves to be in the library of anyone who is, or is contemplating becoming, a party to a Bermuda Form arbitration...The authors, whom we have been associated with in some cases and opposed in others, have a wealth of experience with the Bermuda Form and the ability to share that experience with their readers in a clear and engaging style.' From the foreword by Thomas R Newman and Bernard Eder QC
Book Synopsis UNDERSTANDING NAMED, AUTOMATIC, AND ADDITIONAL INSUREDS IN THE CGL POLICY by : Dwight M. Kealy
Download or read book UNDERSTANDING NAMED, AUTOMATIC, AND ADDITIONAL INSUREDS IN THE CGL POLICY written by Dwight M. Kealy and published by Lulu.com. This book was released on 2014-07-09 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every day, thousands of people request and receive proof of someone else's Commercial General Liability (CGL) insurance. They might be named as a certificate holder or they might be named as an additional insured. They might want to be named as an additional insured for ongoing operations, completed operations, or "your work." They might request Primary Wording, or Non-Contributory Wording, or a Waiver of Subrogation, or a Hold Harmless Agreement. They might say that the insurance company has to have an A.M. Best Rating of at least A-, VIII, and write business in the state on an admitted basis. WHAT DOES ALL OF THIS MEAN? If you are requiring or providing additional insured endorsements, you should know what they mean. In this book, attorney and insurance professional Dwight M. Kealy walks the reader through memorable answers to these kinds of questions that are faced everyday by insurance professionals, attorneys, risk managers, and any business that regularly deals with insurance requirements.
Book Synopsis Understanding and Negotiating Construction Contracts by : Kit Werremeyer
Download or read book Understanding and Negotiating Construction Contracts written by Kit Werremeyer and published by John Wiley & Sons. This book was released on 2006-09-29 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Construction is a complex business. Each project has its own unique physical and commercial considerations. Since there’s no such thing as a “standard” or “typical” construction project, construction contracts should also not be considered standard. The contractor must carefully manage both in order to have a successful outcome and protect the company’s interests and assets. This book will help you manage all these elements of the contract: Scope of work and schedule Terms of payment and cash flow Assurances of performance Insurance, bonding, indemnity, and warranties Changes to the contract Disputes and their resolution Damages Termination and suspension Force majeure International contracting
Book Synopsis Stempel on Insurance Contracts by : Jeffrey W. Stempel
Download or read book Stempel on Insurance Contracts written by Jeffrey W. Stempel and published by Wolters Kluwer. This book was released on 2005-12-30 with total page 3276 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Workers' Compensation Subrogation In All 50 States - Fifth Edition by : Gary L. Wickert
Download or read book Workers' Compensation Subrogation In All 50 States - Fifth Edition written by Gary L. Wickert and published by Juris Publishing, Inc.. This book was released on 2012-04-01 with total page 1616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Workers' compensation subrogation continues to change and adapt, as trial lawyers prod its weak points and capitalize on confusing areas of the law. There have been numerous changes in workers' compensation statutes and case law in many states since the last edition. This edition includes an exhausting survey and detailed explanation of the crazy status of employer contribution in Illinois, which includes a step-by-step exposition of how contractual indemnity and the "Kotecki cap" play a role in expanded employer liability in Illinois workers' compensation subrogation cases. It covers the many nuances of Naig and Reverse-Naig settlements under Minnesota law, including an analysis of who has what burdens of proof and the effect such a settlement has on the remaining third-party case tried to a jury. In light of the landmark Missouri Court of Appeals decision in Robinson v. Hooker, the liability of co-employees in Missouri and surrounding states have been covered in greater detail. The concept of co-employee liability for acts which are intentional or committed outside of the course and scope of employment has been added in several states. New case law and explanations were added to the Texas chapter with regard to subrogating against UM/UIM policies, including arguments with regard to the efficacy of UM/UIM exclusionary policy language and the ability to subrogate against a UM/UIM policy actually issued by the same carrier insuring for workers' compensation coverage. West Virginia completely revised their subrogation statute and created a new statute relating to the "statutory employer" status of primary contractors and subcontractors on construction sites, limiting when and how primary contractors can become legitimate third parties for purposes of subrogation. Chapter 7, "Contractual Limitations to Subrogation" has been completely overhauled to include new statutes and case law for every state to assist practitioners in determining the law applicable when there is an alleged applicable waiver of subrogation which might otherwise destroy subrogation. A new Chapter 12 has been added, which focuses on jurisdiction of workers' compensation third-party actions taking a broad look at 28 U.S.C. § 1441, which prohibits removal of cases "arising under" state workers' compensation laws. A carrier now has the ability to prevent cases from being removed from favorable venues in state court to less favorable federal court venues - an attractive option for plaintiffs' attorneys with whom subrogated carriers can negotiate with for stipulations and concessions on their subrogation interests in exchange for maintaining a case in state court. This edition also expands on which states do and do not hold workers' compensation to be primary. Combined with more than 100 new case decisions, this Fifth Edition is the most complete and up-to-date edition yet. Workers' Compensation Subrogation is the most complete and thorough treatise covering workers' compensation subrogation ever published. There are very few areas in which the laws of each state vary more and are applied as differently, then in the area of workers' compensation subrogation. This book is intended to introduce the workers' compensation claims handler, in-house counsel, and subrogation professionals to some of the more esoteric and complex subrogation issues encountered in today's workers' compensation insurance subrogation marketplace. It covers the following issues in all 50 states: • Allocating Third Party Recoveries • Attorney's Fees • Borrowed Servant Doctrine • Conversion of Workers' Compensation Liens • Costs and Expenses • Dual Capacity Doctrine • Equitable Subrogation/Contribution • Exclusivity Rule Barring Action Against Employer • How To Calculate Your Credit/Advance and How It Is Applied In Each State • Intentional Acts • Joint Ventures • Made Whole Doctrine As Applied To Workers' Compensation Subrogation • Necessity of Intervention • Lien Reduction Statutes • Staff Leasing Services and Temporary Employment Agencies • Statutory Subrogation Rights • Subrogating Against UM/UIM Benefits • Subrogating In Medical Malpractice Cases • Subrogating In Legal Malpractice Cases • Waivers of Subrogation • Who Qualifies As A Third Party • Other Workers' Compensation Subrogation-Related Issues In addition to being an excellent primer on workers' compensation subrogation, suitable for both the new subrogation professional and the seasoned veteran, the book also contains a detailed synopsis of the workers' compensation subrogation laws in each of the 50 states. It is a must for anyone with multi-state subrogation responsibilities. Complete with diagrams, references and thousands of footnotes, this is the most ambitious workers' compensation subrogation project ever undertaken. The following issues and topics are covered in detail for each of the 50 states: Statutory Subrogation Rights • Identifies the statutory authority for workers' compensation subrogation in that state. • Discusses the purpose/legislative intent of the statute. • Is an election necessary by the worker? • Who can bring a third party action (plaintiff, carrier, employer, or all of the above)? • When and must a third party action be brought? • What are the rights of a carrier to intervene in an existing third party action filed by a worker? • Will a worker's compensation carrier's subrogation interest be barred if not brought timely? Third Parties • Who can be sued as third parties in a third party action? • Can a co-employee be sued and under what circumstances? • Can an uninsured/underinsured carrier be a "third party" under the laws of that state? • Is there a dual capacity or borrowed servant doctrine which somehow affects the ability of a worker's compensation carrier to effectively subrogate? • What is the state's workers' compensation bar? • Are there any specific restrictions regarding subrogation against a subcontractor or an employee of a subcontractor in a construction situation? • Under what circumstances can the employer be sued? • Can a carrier subrogate to the benefits of a recovery in a legal or medical malpractice action? Allocation of Third Party Recovery • How and when does the carrier recover its subrogated interest? • Does the carrier recover past benefits only or also the present value of future benefits which it owes under the Workers' Compensation Act of that state? • Is there a formula used to determine how a third party recovery is allocated? • What happens to the total recovery and how is it applied? • Can a carrier recover benefits paid by a third party or recovered in a third party action which relate to loss of consortium, or non-economic damages such as pain and suffering, mental anguish, or punitive damages? • Does the employer's negligence reduce the recovery by the worker or carrier? Attorneys' Fees/Costs • Can the plaintiff's attorney recover attorneys' fees and/or costs out of the carrier's subrogated recovery and under what circumstances? • How are attorneys' fees and costs handled if the carrier is also represented by subrogation counsel, intervenes into the third party action and actively represents its interest? • What if the carrier isn't represented? • Can a plaintiff's attorney recover attorneys' fees based on the value of past benefits only or will he be able to recover attorneys' fees based on the future benefits/credit recovered by the carrier? • Must a carrier bear its proportionate share of expenses as many states require, and what does that really mean? Credit/Advance • Can a carrier take a vacation from paying workers' compensation benefits once a worker makes a third party recovery? • How is the credit calculated under state law? • Does the carrier have to do anything special to obtain the credit, such as filing with the Workers' Compensation Commission? • Does the carrier get a credit toward future compensation benefits it owes or does it actually get to collect the present value of the future benefits it owes and still be obligated to pay the scheduled benefits in the future? Statutes of Limitation • What are the applicable statutes of limitation or statutes of repose that may be applicable to third party subrogation actions? Related Subrogation Issues • Are there any other issues or statutes which affect a worker's compensation carrier's right of subrogation, such as the made whole doctrine, common fund doctrine, or anti-subrogation statutes? • Are there any lien reduction statutes, such as those existing in Indiana, which affect a worker's compensation carrier's right of recovery? • Does the state have any no-fault laws which complicate workers' compensation subrogation involving an automobile accident, such as exist in Michigan and Colorado? • What are the carrier's options if the worker and his attorney simply refuse to repay a worker's compensation carrier's lien after settling a third party action? • If the worker fails to repay the carrier, is there a cause of action for conversion of a carrier's subrogation interest or may the carrier still proceed against the third party tortfeasor to recover its subrogation interest?
Book Synopsis Policyholder's Guide to the Law of Insurance Coverage by : Peter J. Kalis
Download or read book Policyholder's Guide to the Law of Insurance Coverage written by Peter J. Kalis and published by Wolters Kluwer. This book was released on 1997-01-01 with total page 1736 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotation The first comprehensive guide to insurance law written from the corporate policyholder's perspective, Policyholder's Guide to the Law of Insurance Coverage provides expert guidance through the labyrinth of legal issues surrounding insuring instruments and underlying claims, plus practical strategies and legal arguments to help you secure coverage for contested claims. Policyholder's Guide addresses virtually every insurance-related legal issue you are likely to encounter in the regular course of business, as well as those issues unique to specialized industries or unusual situations including: Liability policies -- Special liability policies -- First-party policies -- Specialty first-party property policies -- Environmental -- Marine and aviation -- Toxic tort -- Copyright claims issues Litigation in insurance coverage disputes. Policyholder's Guide gives you in-depth analysis of the latest court decisions plus current policy language and cutting-edge legal arguments thatyou may use to advance your case. You also get hundreds of case citations, footnotes, cross-references, checklists and other useful aids to make legal research easy.
Book Synopsis Texas Foreclosure Manual, Third Edition by : William H. Locke
Download or read book Texas Foreclosure Manual, Third Edition written by William H. Locke and published by . This book was released on 2014-05-02 with total page 1198 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Construction Contracts Book by : Daniel S. Brennan
Download or read book The Construction Contracts Book written by Daniel S. Brennan and published by American Bar Association. This book was released on 2008 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most construction lawyers are familiar with the American Institute of Architects (AIA), Engineers Joint Contract Documents Committee (EJCDC) forms of agreements, and the newer ConsensusDOCS forms. The ConsensusDocs forms replace many of the forms previously issued by the Associated General Contractors of America (AGC). Now completely revised, this invaluable resource offers a topic-by-topic comparison of these forms by providing: - An easy-reference guide to how the AIA, ConsensusDOCS and EJCDC forms treat the most significant issues in owner/contractor/subcontractor and owner/design professional agreements - Proposed alternative language for situations where the form contract approach may not provide the best solution - List comparing the most significant provisions from each of these forms (on the CD-ROM)
Book Synopsis Uninsured and Underinsured Motorist Insurance by : Alan I. Widiss
Download or read book Uninsured and Underinsured Motorist Insurance written by Alan I. Widiss and published by . This book was released on 2005 with total page 994 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Insurance Coverage Litigation by : Eugene R. Anderson
Download or read book Insurance Coverage Litigation written by Eugene R. Anderson and published by Wolters Kluwer. This book was released on 1999-01-01 with total page 2726 pages. Available in PDF, EPUB and Kindle. Book excerpt: The absence of persuasive precedents may prevent some attorneys from framing the effective policyholder arguments in insurance coverage litigation. With Insurance Coverage Litigation, Second Edition, youand’ll discover how the experts analyze the facts to win your next insurance coverage case. This unique resource provides comprehensive examination of the full range of issues shaping insurance coverage cases being heard in the courts todayand—including the publicly available, but hard-to-find industry and“loreand” that savvy insurance practitioners use to win complex insurance coverage cases. Whichever side you represent in the billion dollar insurance coverage field, this work contains vital information you canand’t afford to be without when preparing a case for state or federal court. Insurance Coverage Litigation supplies: Extensive analyses of case law on insurance coverage issues arising under general liability insurance policies. Sample CGL Policy Forms. The most in-depth discussion of the drafting history of standard-form general liability insurance policy languageand—including language derived from the insurance industryand’s own representations to the public, governmental agencies, courts and policyholdersand—one of the most powerful tools available to policyholders. Easy-reference tables and state-by-state summaries that help you quickly grasp and compare court interpretations on a broad range of issues including the reasonable expectation doctrine, trigger of coverage and allocation, notice of claim or action, and insurability of punitive damages. Cutting edge analysis and guidance on rapidly evolving areas such as environmental liability, intellectual property disputes, and“cyberand” losses and liability, terrorism coverage, and more.
Book Synopsis Pre-Construction Issues 2009 Edition by :
Download or read book Pre-Construction Issues 2009 Edition written by and published by IICLE Press. This book was released on with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Contractual Risk Transfer by : Patrick J. Wielinski
Download or read book Contractual Risk Transfer written by Patrick J. Wielinski and published by . This book was released on 2007-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis CGL Policy Handbook, 3rd Edition by : Hagglund, Weimer, Whitman, Hillestad
Download or read book CGL Policy Handbook, 3rd Edition written by Hagglund, Weimer, Whitman, Hillestad and published by Wolters Kluwer. This book was released on 2018-10-22 with total page 1030 pages. Available in PDF, EPUB and Kindle. Book excerpt: CGL Policy Handbook, Third Edition offers plain-language analysis of the complex points of the CGL policy language and case law, focusing on issues where the terminology is subject to more than one interpretation. Whether you represent policyholders or insurers, you'll find the practical guidance you need to resolve coverage issues faster and prepare or defend claims more effectively. This comprehensive manual provides outstanding analysis of how CGL policy may integrate with many other primary liability policies and umbrella policies and offers helpful guidance for determining when specialized insurance policies or endorsements may need to be supplemented. Recent updates include discussion of many recent developments and adds significant new case law on a number of critical issues including: Enterprise risk management The insurance aftermath of September 11, 2001 Property damage Intentional damage exclusion Polluted related exclusions Employment related exclusions Motor vehicle exclusions "Expansive risk" exclusions Personal injury Advertising injury There's simply no more comprehensive or current research tool in this fast-changing area of the law! Previous Edition: CGL Policy Handbook, Second Edition, ISBN 9781454805892
