By Abdul Somad Senin, 21 Januari 2019 Best Evidence Rule CGL Designated Ongoing Operations Exclusion Duty to Defend Duty to Indemnify Copy Compiled from Underwriting Records Ruled Not Best Evidence of the Policy. Judgment for Insurer Reversed and New Trial Ordered. COMMERCIAL GENERAL LIABILITY – DESIGNATED ONGOING OPERATIONS EXCLUSION ENDORSEMENT – DUTY TO DEFEND & INDEMNIFY – BEST EVIDENCE RULE P...
By Abdul Somad Minggu, 15 April 2018 Burden of Proof CGL Commercial Liability Exception to Exclusion Burden of Proving Exception to Exclusion Falls on Insured COMMERCIAL GENERAL LIABILITY – BURDEN OF PROOF – EXCEPTION TO EXCLUSION Corbel Constr. Co. v Arch Specialty Ins. Co. (2nd Dept., 4/11/2018...
By Abdul Somad Senin, 05 Maret 2018 Absolute Pollution Exclusion CGL Choice of Law Commercial Umbrella Liability Bodily Injuries from Large, White, Environmentally Mobile Cloud of Toxic Chlorine Gas Excluded by Absolute Pollution Exclusion COMMERCIAL GENERAL LIABILITY – COMMERCIAL UMBRELLA LIABILITY – ABSOLUTE POLLUTION EXCLUSION – CHOICE OF LAW – BODILY INJURY CLAIMS Be...
By Abdul Somad Selasa, 27 Februari 2018 CGL coinsurance Commercial Liability Commercial Umbrella Liability Equitable Subrogation There Are No Such Things -- First Department Affirms Dismissal of CGL Insurer's "Equitable Indemnity" and "Equitable Reapportionment" Causes of Action COMMERCIAL GENERAL LIABILITY – COMMERCIAL UMBRELLA LIABILITY – COINSURANCE RECOVERY ACTION United Natl. Ins. Co. v. Travelers Prop. Cas. ...
By Abdul Somad Sabtu, 13 Januari 2018 "Written Contract" additional insured Blanket Additional Insured Endorsement CGL Signed Bid Proposal Found to Constitute "Written Contract" Triggering Additional Insured Coverage COMMERCIAL GENERAL LIABILITY – BLANKET ADDITIONAL INSURED ENDORSEMENT – "WRITTEN CONTRACT" REQUIREMENT – SIGNED BID PROPOSAL Ne...
By Abdul Somad Senin, 26 Oktober 2015 Blanket Additional Insured Endorsement CGL Employee Injury Exclusion Insurance Law § 3420(d)(2) Untimely Disclaimer George Campbell Painting Reprised CGL – BLANKET ADDITIONAL INSURED – EMPLOYEE INJURY EXCLUSION – UNTIMELY DISCLAIMER – INSURANCE LAW § 3420(D)(2) Endurance Am. Specia...
By Abdul Somad Kamis, 13 Agustus 2015 additional insured Antisubrogation Rule CGL Commercial Liability Only Causal Link Between Named Insured's Acts or Omissions and Injury Required for Additional Insured Coverage to Apply CGL – SCOPE OF ADDITIONAL INSURED COVERAGE – CAUSED BY NAMED INSURED'S ACTS OR OMISSIONS – CAUSAL LINK – ANTISUBROGATION RULE Burl...