General Liability Insurance Coverage: Key Issues in Every State Volume I

Despite the relative uniformity of general liability policies (and professional liability policies), states can differ widely in their interpretation and application of them. Case law can have a dramatic impact on the question whether coverage is owed. Simply put, those involved with liability claims cannot adequately assess coverage issues without knowing how case law in the relevant state may impact the decision. "General Liability Insurance Coverage -- Key Issues in Every State" (Vols. I and II) sets forth the rules that have been adopted by all 50 states, and the District of Columbia, for 20 important and commonly occurring general liability insurance coverage issues. And about half the issues are just as relevant for professional liability claims scenarios. 50 State Surveys on insurance coverage issues are inherently limited. "Key Issues" understands this and seeks to provide as much relevant information as possible to maximize its usefulness. To the extent possible, "Key Issues" sets out the aspects of cases (e.g., facts and/or policy language) that were at issue in the court’s decision. This enables the reader to compare the cases in the book, to their claim at hand, and make an informed coverage determination and assess how their issue may be resolved by a court. Chapters Included (Vol. I) —Choice of Law; Late Notice; Coverage for Pre-Tender Defense Costs; Duty to Defend Standard: “Four Corners” or Extrinsic Evidence?; Insured’s Right to Independent Counsel; Insurer’s Right to Reimbursement of Defense Costs; Prevailing Insured’s Right to Recover Attorney’s Fees in Coverage Litigation; Number of Occurrences; Coverage for Innocent Co-Insureds: “Any” Insured vs. “The” Insured; Is Emotional Injury “Bodily Injury?” Vol. II Chapters: Is Faulty Workmanship an “Occurrence?”; Permissible Scope of Indemnification in Construction Contracts; Qualified Pollution Exclusion; Absolute Pollution Exclusion; Trigger of Coverage for Latent Injury and Damage Claims; Trigger of Coverage for Construction Defects and Non-Latent Injury and Damage Claims; Allocation of Latent Injury and Damage Claims; Insurability of Punitive Damages; First- and Third-Party Bad Faith Standards; and the ALI’s Restatement of the Law of Liability Insurance. For more information visit www.InsuranceKeyIssues.com