CGL Contractual Liability Coverage: Navigating the Scope of the Liability Exclusion and its Exceptions
Advocating Coverage Positions for Policyholders and Insurers
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide counsel with a review of contractual liability coverage in CGL policies, the scope of the exclusion for contractual liability and the exception to the exclusion. The panel will discuss the historical analysis of the exclusion and the impact on commercial contractual liability and the interplay with contractual indemnification and additional insured provisions.
- Overview of the contractual liability exclusion
- Historical CGL and ISO form changes
- What is an “insured contract”?
- Scope of the contractual exclusion
- Exception to the exclusion
- Analysis of recent case law
- Majority view
- Minority view
- Interplay with contractual indemnification and additional insured provisions
The panel will review these and other key issues:
- What types of contractual agreements fall within the definition of an “insured contract”?
- What is the majority view of the scope of the contractual liability exclusion and its applicability to liability arising from a contractual agreement?
- What is the interplay between contractual liability coverage and indemnification and additional insured provisions?
David M. Kroeger
Jenner & Block
Mr. Kroeger is a litigator and Co-Chair of the firm’s Reinsurance Practice. He provides counsel on a variety... | Read More
Mr. Kroeger is a litigator and Co-Chair of the firm’s Reinsurance Practice. He provides counsel on a variety of insurance and reinsurance issues related to actual and anticipated litigation, particularly matters involving general liability, property damage, business interruption, professional liability and D&O coverage. Mr. Kroeger also has experience with a wide range of commercial litigation matters, ranging from contract, product liability and securities to intellectual property, antitrust and constitutional law.Close
Kristine M. Sorenson
Walker Wilcox Matousek
Ms. Sorenson focuses her practice on insurance coverage analysis and litigation. Her litigation experience includes... | Read More
Ms. Sorenson focuses her practice on insurance coverage analysis and litigation. Her litigation experience includes declaratory judgment and bad faith lawsuits, and actions for rescission and revocation of binding authority agreements. Specific areas in which she has worked include defense of Hurricane Ike lawsuits against commercial property and homeowners’ insurers, analysis of coverage issues arising from general liability policies, first-party property coverage cases, and builder’s risk claims.Close
Haynes & Boone
Mr. Taubenfeld represents policyholders in every kind of dispute they may have with their insurers. He represents... | Read More
Mr. Taubenfeld represents policyholders in every kind of dispute they may have with their insurers. He represents corporate and individual insureds in coverage and bad faith lawsuits and arbitrations against insurance carriers under directors' and officers' liability, first party property/business interruption, errors and omissions, professional liability and general liability policies, among others. He has secured millions of dollars in coverage for his clients through negotiation and litigation.Close