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Vol. 12 - Issue 3
April 17, 2023
Some CGL Issues I’ve Never Confronted As A Coverage Lawyer |
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I’ve been doing this for a long time. And so have many of you. But even after all these years, there are some issues that I’ve just never confronted under a commercial general liability policy. Here are some:
- An insurer makes payment, under a CGL policy’s Supplemental Payments provision, for up to $250 for the cost of a bail bond because of an accident or traffic law violation arising out of the use of a vehicle.
- The coverage determination is tied to the fact that the policy period is 12:01 standard time and not daylight savings time. [I know that a couple of cases have actually addressed this issue; I’m waiting for my turn.]
- A tape measure is needed to determine if a watercraft, not owned by the named insured, is less than 26 feet long to satisfy the exception to the watercraft exclusion.
- It must be determined whether the “coverage territory” requirement has been satisfied for purposes of airspace.
- The “insured contract” exception to the contractual liability exclusion is satisfied by an elevator maintenance agreement.
- What would otherwise be “your product” is not so because it is a vending machine.
- An insurer is found to have not waived a right because it made sure to reserve all of its rights -- not just at law, but in equity too.
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