In Greystone Const., Inc. v. National Fire & Marine Ins. Co., 661 F.3d 1272, 1289 (10th Cir. 2011), the U.S. Court of Appeals for the Tenth Circuit articulated an important rule for construing commercial general liability policies: [A] CGL policy ‘begin[s] with a broad grant of coverage, w[hich is then limited in scope by exclusions. Exceptions to exclusions narrow the scope of the exclusion and . . . add back coverage. But it is the initial broad grant of ... Keep Reading »
Exclusions/Exceptions
As Gunfire Thins the Ranks of the Employed, Employee Exclusions Hold the Line Against Coverage
As this blog has previously reported, accidents with guns are not likely to become less common any time soon. With home- and business-owners striving to find increasingly original ways to get shot, they will put increasing strain on the traditional language of the coverage exclusions in insurance policies. In Gear Automotive v. Acceptance Indemnity Insurance Company, No. 12-2446 (8th Cir. Mar. 18, 2013), the U.S. Court of Appeals for the Eighth Circuit recently ... Keep Reading »
Too Much of a Good Thing: Household Product Triggers Pollution Exclusion, Because “Quantity Matters”
Pollution exclusion clauses began appearing in commercial general liability policies when federal laws began making businesses liable for the cost of massive environmental clean-ups—like the remediation of “Volatile Organic Compounds” that was recently at issue in Chubb Custom Ins. Co. v. Space Systems/Loral, Inc., No. 11-16272 (9th Cir. March 15, 2013). A recent Colorado case presented the issue of when the grease that goes into your bacon double cheeseburger becomes a ... Keep Reading »
Amid Gun Frenzy, West Virginia Court Pries Coverage Issue From the Jury’s Hands
Since President Obama called for new gun-control legislation after the Sandy Hook tragedy, sales of weapons have spiked and government officials have proposed a variety of new measures to encourage —or even mandate —gun training and ownership. In a development that is arguably unrelated to this increase in the number of people handling firearms, accidental shootings have occurred at gun shows and ranges, in gun stores and even during gun certification training courses. ... Keep Reading »
Federal Court Refuses to Let Insured Shoot First, Seek Coverage Later
at Sandy Hook Elementary School, the issue has been taken up passionately by both sides of the dispute over gun violence. Did the murderers in Newtown and Aurora kill in large numbers because they were able to fire many shots quickly, and without reloading, as Sen. Lautenberg believes? Or, as a Wall Street Journal editorial recently suggested, can the proliferation of mass killings be more reasonably attributed to the practice of designating “gun-free zones” in ... Keep Reading »
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