Chapter 9 Contractual Liability

Introduction

Policy Language

Legal Issues

[A] Contractual Assumed Liability

[B] Duty to Defend

[C] Underlying Damage Preceding Contract

 

 

 

 

Chapter 10 Exclusions

Generally

Business Risk Exclusions

[A] Generally

[B] Product /Work Exclusions

[1] Product Exclusions

[2] Work Exclusions

[3] Limitation of value of Product or work

[4] The policyholder's Product/Work

[5] Arising Out of the policyholder's product/Works

[C] The failure to perform /Impaired Property

Exclusions

[1] The failure to perform Exclusions

[a] Generally

[b] Limitation to failure to perform

[c] Limitation to loss of Use Without Physical Injury

[d] Sudden and accidental exception

[2] Impaired property Exclusions

[D] Sistership Exclusions

[1] Generally

[2] Applicable Only to Products That Have Not Yet Failed

[3] Third-Party Recalls

Owned Property Exclusion

[A] Environmental Cases

[1] Groundwater

[2] On Site Measures to Abate Third- Party Damages

[3] Coverage For third -Party Liability

[4] Care, Custody and control, and use exclusions

[5] Alienated Premises Exclusion

[B] Non - Environmental Context

[1] Real Property

[2] Nature of Control

[3] Partial Control

[4] Timing

Pollution Exclusions

[A] Generally

[B] 1970 Qualified Pollution Exclusions

[1] Sudden and accidental Disputes

[2] Drafting History of the qualified Pollution Exclusions

[3] significance of Drafting History

[4] Application to Non-Environmental Claims

[5] Causation of pollution as a limitation on exclusion's scope

[6] Abrupt pollution Exclusions

[C] Post - 1970 Pollution Exclusions

[1] Absolute Pollution Exclusion

[2] Pollution

[3] Override by Product- Completed operations Hazard Coverage

[4] Non Environmental Context

[5] Other absolute pollution Exclusions

[6] Failure to obtain Approval

STATE SUPREME COURT CASES ADDRESSING QUALIFIED POLLUTIONS EXCLUSIONS.

 

*****Lecture seminar this course is 3.5 hours for Continuing Education (CE) This course includes current cases and the change of how the court view Exclusion in policy language. Course study for Professional Designation student  requires 8 hours study time.  

 

This course is to give the student a broad understanding of Exclusions in a policy and how the court views public policy against violation in consumer transactions. The fact that some areas of coverage in a policy may be excluded as against public policy. This is a great course for proper understanding how it applies to the insurance industry. A great course for Corporate Managers, Agents and Insurance Professionals.