
General Liability Insurance Coverage: Key Issues in Every State
by Maniloff, Randy J.; Stempel, Jeffrey W.Buy New
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Summary
Author Biography
Randy J. Maniloff is a partner at White and Williams LLP in Philadelphia. He concentrates his practice in the representation of insurers in coverage disputes over primary and excess obligations under a host of policies, including commercial general liability and various professional liability policies. Mr. Maniloff is a frequent contributor of articles to Mealey's Litigation Report: Insurance, among other publications, addressing a variety of insurance coverage topics. For the past eleven years, Mr. Maniloff has published a year-end article in Mealey's that addresses the ten most significant insurance coverage decisions of that year. Mr. Maniloff has also written for such influential organizations as The Federalist Society, Manhattan Institute and Washington Legal Foundation. Mr. Maniloff is a frequent lecturer at industry seminars and has been quoted on insurance coverage topics by such media as: The Wall Street Journal, The New York Times, USA Today, Dow Jones Newswires, The Philadelphia Inquirer, The Times-Picayune, and The National Law Journal.
Jeffrey W. Stempel is the Doris S. and Theodore B. Lee Professor of Law at the William S. Boyd School of Law at the University of Nevada, Las Vegas. Stempel is a 1981 graduate of Yale Law School, where he was an editor of the Yale Law Journal and co-founder of the Yale Law and Policy Review. He spent two years as a law clerk to a federal district court judge in Philadelphia and three years in private practice with a firm in Minneapolis before entering the teaching profession. He is the author of Stempel on Insurance Contracts, a practitioner-oriented treatise.
Table of Contents
Commercial General Liability Insurance-An Overview | p. 1 |
The Structure and Development of General Liability Coverage | p. 1 |
The Organization of the CGL Form | p. 5 |
Construction and Interpretation of Insurance Policies: Rules of Policy Construction Generally | p. 8 |
Occurrence Policies as Contrasted with Claims-Made Policies | p. 9 |
Coverage for Claims of "Bodily Injury" | p. 10 |
Coverage for "Property Damage" | p. 11 |
Exclusions from Bodily Injury and Property Damage Coverage | p. 11 |
The Parameters of Personal Injury and Advertising Injury Coverage | p. 12 |
Choice of Law for Coverage Disputes | p. 17 |
50-State Survey: Choice of Law for Coverage Disputes | p. 23 |
Late Notice Defense Under "Occurrence" Policies: Is Prejudice to the Insurer Required? | p. 45 |
50-State Survey: Late Notice Defense Under "Occurrence" Policies: Is Prejudice to the Insurer Required? | p. 48 |
Coverage for Pre-Tender Defense Costs | p. 75 |
50-State Survey: Coverage for Pre-Tender Defense Costs | p. 77 |
Duty to Defend Standard: "Four Corners" or Extrinsic Evidence? | p. 89 |
50-State Survey: Duty to Defend Standard: "Four Corners" or Extrinsic Evidence? | p. 94 |
Insured's Right to Independent Counsel | p. 123 |
50-State Survey: Insured's Right to Independent Counsel | p. 129 |
Insurer's Right to Reimbursement of Defense Costs | p. 149 |
50-State Survey: Insurer's Right to Reimbursement of Defense Costs | p. 154 |
Prevailing Insured's Right to Recover Attorney's Fees in Coverage Litigation | p. 169 |
50-State Survey: Prevailing Insured's Right to Recover Attorney's Fees in Coverage Litigation | p. 172 |
Number of Occurrences | p. 197 |
50-State Survey: Number of Occurrences | p. 197 |
Coverage for Innocent Co-lnsureds: "Any" Insured vs. "The" Insured and the Severability of Interests Clause | p. 225 |
50-State Survey: Coverage for Innocent Co-lnsureds: "Any" Insured vs. "The" Insured and the Severability of Interests Clause | p. 229 |
Is Emotional Injury "Bodily Injury"? | p. 255 |
50-State Survey: Is Emotional Injury "Bodily Injury"? | p. 259 |
Is Faulty Workmanship an "Occurrence"? | p. 283 |
50-State Survey: Is Faulty Workmanship an "Occurrence"? | p. 289 |
Permissible Scope of Indemnification in Construction Contracts | p. 323 |
50-State Survey: Permissible Scope of Indemnification in Construction Contracts | p. 327 |
Qualified Pollution Exclusion | p. 355 |
50-State Survey: Qualified Pollution Exclusion | p. 359 |
"Absolute" Pollution Exclusion | p. 381 |
50-State Survey: "Absolute" Pollution Exclusion | p. 385 |
Trigger-of-Coverage for Latent Injury and Damage Claims | p. 415 |
50-State Survey: Trigger-of-Coverage for Latent Injury and Damage Claims | p. 421 |
Trigger of Coverage for Construction Defects and Non-Latent Injury and Damage Claims | p. 437 |
50-State Survey: Trigger of Coverage for Construction Defects and Non-Latent Injury and Damage Claims | p. 441 |
Allocation of Latent Injury and Damage Claims | p. 463 |
50-State Survey: Allocation of Latent Injury and Damage Claims | p. 470 |
Invasion of Privacy: Guidance from "Junk Fax" Claims | p. 487 |
50-State Survey: Invasion of Privacy: Guidance from "Junk Fax" Claims | p. 494 |
Insurability of Punitive Damages | p. 505 |
50-State Survey: Insurability of Punitive Damages | p. 510 |
First- and Third-Party Bad Faith Standards | p. 531 |
50-State Survey: First- and Third-Party Bad Faith Standards | p. 537 |
The "Reasonable Expectations" Approach to | |
Insurance Policy Interpretation | p. 577 |
50-State Survey: The "Reasonable Expectations" Approach to Insurance Policy Interpretation | p. 580 |
Table Of Cases | p. 603 |
Table of Contents provided by Ingram. All Rights Reserved. |
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