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Vol. 8 - Issue 4
April 30, 2019


Contest Winners:
Obscure Claims Under A CGL Policy  
NCAA Tournament “Final Four” Challenge


Obscure Claims Under A CGL Policy  

In the last issue of Coverage Opinions I noted that, in the course of my teaching duties at Temple Law School this semester, I have gone through many important provisions of a commercial general liability policy with the students.  Doing so caused me to notice some terms that I have never even remotely thought about in all these years.  And I’m sure that’s the case for many long-time insurance professionals.

For example, I’ve never even come close to having a claim that involved any of the following provisions in a CGL policy:

  • The vending machine exception to the definition of “your product”
  • An “insured contract” on the basis of a sidetrack agreement
  • The exception to the aircraft exclusion for liability assumed under an “insured contract” for the ownership, maintenance or use of the aircraft.
  • Coverage for a bail bond, as a supplementary payment, for a “traffic law violation”
  • The “war exclusion” for purposes of a claim for “personal and advertising injury”

I offered to send a copy of the 4th edition of Insurance Key Issues to the first two people who could tell me the details of a claim, in which they were involved, where one of the above policy provisions was in play.  

I really expected no winners.  But, alas, there was one.  Vivian Harrington wrote to tell me that just a few years ago she had a claim involving a sidetrack agreement -- her first since getting involved with claims in 1981.  At issue, a demand for indemnity in connection with a claim by an engineer, for a railroad, who allegedly sustained injury when a coal company failed to properly maintain the land upon which the tracks were situated.  Well there you go.

Vivian will be sent a copy of the 4th edition of Insurance Key Issues.   

NCAA Tournament “Final Four” Challenge

Congratulations to Jeff Purcell of Willis Re in Philadelphia and Gretchen Fitzer on winning the Coverage Opinions NCAA Tournament “Final Four” Challenge.  Both beat out an onslaught of entries and correctly picked Virginia and Texas Tech to play in the final game and that Virginia would be the team to cut down the net.  The total points scored were 162.  Gretchen and Jeff came closest to the number: 174 and 149 respectively.  

Each will be sent a copy of the 4th edition of Insurance Key Issues.   

Thanks to the everyone who entered.


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