Gain the Knowledge You Need to Interpret CGL Policies
Being able to dissect, analyze, interpret and effectively use commercial general liability policies to your client's advantage requires a profound understanding of how to read between the lines of the contract language. No matter what industry your case involves, this legal program will provide you with the knowledge and insight to interpret the CGL policy in your client's favor. Navigate coverage and exclusions with confidence - register today!
- Take a closer look at the general rules of coverage in CGL policies.
- Understand when the insurer's duty to defend has been triggered.
- Examine the type of coverage associated with bodily injury and property damage.
- Discover some of the top exclusions that preclude coverage for insureds.
11:00 am to 2:15 pm Eastern Standard Time
Presenters: Robert D. Chesler, Joseph D. Jean and Katherine E. Tammaro
11:00 am- 12:30 pm, Robert D. Chesler and Katherine E. Tammaro
- Rules of Coverage and Duty to Defend vs. Duty to Indemnify
- How to Read an Insurance Policy
- Proving Coverage: Who Has the Burden and When Does it Shift?
- Effectuating the Intent of the Parties: When is Extrinsic Evidence Admissible?
- The Rule Regarding Ambiguity
- When Will a Court Disregard the Plain Language of a Policy to Find Coverage?
- The Duty to Defend is Broader Than the Duty to Indemnify
- Is the Insurer Required to Investigate?
- When Does the Duty to Defend Terminate?
- How to Draft a Reservation of Rights or Denial Letter
- Coverage A: Coverage for Bodily Injury and Property Damage
- "Bodily Injury": Does it Include Emotional Injuries?
- "Property Damage": Is Loss of Money or Diminution in Value Covered?
- "Occurrence": What is it?
- Trigger Theories: Exposure, Manifestation, Actual Injury, and Continuous Trigger
- "Damages": Does a CGL Policy Cover Injunctive Relief?
- "Suit": Does a Government Action Qualify?
Break 12:30 pm - 12:45pm
12:45 pm - 2:15 pm, Joseph D. Jean
- Exclusions and the Conditions Section
- Intentional Act Exclusion
- Contractual Liability Exclusion
- Employer's Liability Exclusion and Professional Services Exclusion
- Pollution Exclusion
- Business Risk Exclusions
- Duty to Cooperate: When Will a Violation Void Coverage?
- Notice: Does Late Notice Void Coverage?
- "Other Insurance" Provisions: Who's on First?
- Misrepresentation: When is it "Material"?
- Additional Insured Issues and Construction Defect Coverage Litigation
- Role of Endorsements in the CGL Policy
- Named Insured vs. Additional Insured
- Comparing Additional Insured and Contractual Indemnification
- Impact of State Anti-Indemnification Statutes
- New ISO Language Eliminating Contractual Privity Requirement
- Matching all Coverage with Terms of Contract Between Parties
This course is designed for attorneys. Insurance professionals, business owners, and paralegals may also benefit.