Specializing inInsurance coverage litigation issues

Commercial General Liability [CGL] Insurance

A Comprehensive General Liability [CGL] insurance policy is intended to provide general liability coverage for businesses, a more comprehensive scheme of coverage. These policies are generally described as being policies of inclusion unless specifically excluded -- and there are many exclusions. And, to obtain more complete coverage, the policy holder has to be knowledgeable of those exclusions, and fill them in with policy endorsements. And, to further complicate the matter, a determination must also be made as to whether there is an exception to the exclusion.

These policies are so multi-faceted that all too often one provision works off or is dependent upon another, and then a determination must be made whether an exclusion or and exception to an exclusion applies and how that interacts with the competing provisions. And, frequently, excluded provisions can be restored by endorsements to the policy.

Have a headache, yet? This is a complicated policy that has evolved over the years to provide more protection for the insurers than the policy holders, but it is a business must. For, what is not excluded is covered, and what is covered may be substantial.

Generally speaking, these policies provide coverage for a wide spectrum of claims. However, they were never intended to provide coverage for damage to the insured's own work or product. there have been many revisions to the CGL over the past 60 or more years, and most came as a result of insurers trying to protect themselves from claims by the policy holders that their own work or product was damages. However, as the purpose of the policy is to provide coverage for damage and injuries caused by the insured's own work or product, the policy does what it is intended to do, unless the nature of the claim is excluded from coverage.

Over the years, it seems there has been more litigation surrounding CGL policies than any other type. Whether this is accurate, or not, nonetheless derives from the complicated nature of the policy. For this reason, you should consult an expert to assist you in working your way through the issues presented by this policy. In fact, you should consult with an expert before you purchase the policy to determine whether the policy, as presented, is right for your business.

Call or email Barry M. Feldman, and let him provide the assistance you require.