General Liability Insurance Coverage: Key Issues in Every State
General Liability Insurance Coverage: Key Issues in Every State authored by Randy Maniloff & Jeffrey Stempel: Insurance coverage disputes raise issues in which laws and outcomes regularly vary from state to state. Whether a claim is covered can depend a great deal on whether the case arises on one side of the street or another. It is imperative that insurance claims professionals, lawyers, brokers, risk managers, risk consultants, regulators, and judges have adequate access to comparative state-law research. General Liability Insurance Coverage is designed to give the stakeholders in the claims process ready access to the law of all 50 states on the most important liability insurance issues to quickly learn and assess state law relevant to coverage disputes.
The Third Edition newly addresses over 800 recently decided court decisions covering all 50 states and adds the District of Columbia.
• Written by a practitioner and legal scholar with extensive backgrounds and experience in insurance coverage law
• An easy-to-read resource for all those involved in the insurance claims process
• Provides readers with a thorough and up-to-date state-by-state analysis of insurance coverage law
• Includes descriptions of nearly 3,400 cases
Table of Contents
CHAPTER 1 Commercial General Liability Insurance--An Overview
CHAPTER 2 Choice of Law for Coverage Disputes
CHAPTER 3 Late Notice Defense Under "Occurrence" Policies: Is Prejudice to the Insurer Required?
CHAPTER 4 Coverage for Pre-Tender Defense Costs
CHAPTER 5 Duty to Defend Standard: "Four Corners" or Extrinsic Evidence?
CHAPTER 6 Insured's Right to Independent Counsel
CHAPTER 7 Insurer's Right to Reimbursement of Defense Costs
CHAPTER 8 Prevailing Insured's Right to Recover Attorney's Fees in Coverage Litigation
CHAPTER 9 Number of Occurrences
CHAPTER 10 Coverage for Innocent Co-Insureds: "Any" Insured vs. "The" Insured and the Severability of Interests Clause
CHAPTER 11 Is Emotional Injury "Bodily Injury"?
CHAPTER 12 Is Faulty Workmanship an "Occurrence"?
CHAPTER 13 Permissible Scope of Indemnification in Construction Contracts
CHAPTER 14 Qualified Pollution Exclusion
CHAPTER 15 "Absolute" Pollution Exclusion
CHAPTER 16 Trigger-of-Coverage for Latent Injury and Damage Claims
CHAPTER 17 Trigger of Coverage for Construction Defects and Non-Latent Injury and Damage Claims
CHAPTER 18 Allocation of Latent Injury and Damage Claims
CHAPTER 19 Coverage For Privacy and Cyber Risks
CHAPTER 20 Insurability of Punitive Damages
CHAPTER 21 First- and Third-Party Bad Faith Standards
CHAPTER 22 The "Reasonable Expectations" Approach to Insurance Policy Interpretation