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CGL Exclusions: Contractual Liability, Business Risk, Third-Party Over, Pollution, and Data Breach Exclusions

Advocating Scope of the Exclusions From the Policyholder and Insurer Perspectives

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
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Conducted on Wednesday, November 11, 2020

Recorded event now available

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This CLE course will examine CGL policy exclusions frequently disputed in commercial business disputes, including contractual liability, business risk, third-party over, pollution, and data breach exclusions. The program will analyze recent case law developments interpreting the scope of these exclusions and outline effective arguments for both insurers and policyholders in insurance disputes.

Description

As most CGL claims fall under Coverage A, Bodily Injury or Property Damage, insurance counsel must be well-versed in trends and developments in Coverage A exclusions. The contractual liability exclusion is intended to avoid coverage for breach of contract claims, but its exceptions are the key to understanding the coverage provided.

Many employers confront the third-party over exclusion in the context of personal injury to employees that survives the workers' compensation bar and passes back to the employer. Business risk exclusions apply from construction to product liability and determining the line between business risk and a covered risk can be murky.

The debate over the scope of the pollution exclusion is divisive, and courts continue to grapple with the application of the exclusion beyond "traditional environmental" pollution. Another issue at the top of mind for most businesses lately is coverage for data breaches, and many CGL policies contain exclusions for these claims.

Listen as our authoritative panel of insurance practitioners discusses trends and developments in CGL Coverage A exclusions, including contractual liability, business risk, employer's liability, data breach, and pollution. The panel will review recent case law developments and provide compelling arguments for both insurers and policyholders in insurance disputes.

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Outline

  1. Contractual liability
  2. Business risk
  3. Employer's liability or third-party over
  4. Data breach
  5. Pollution

Benefits

The panel will review these and other contentious questions:

  • What is the key to determining the line between business risk and a covered risk?
  • What is an "insured contract" as set out in one of the exceptions to the contractual liability exclusion and how is the definition critical to understanding the coverage provided?
  • In what circumstances may employers face the employer's liability or third-party over exclusion?
  • What are the most recent case law developments regarding the scope and applicability of the pollution exclusion?
  • What additional exclusions are anticipated?

Faculty

Friedman, Robert
Robert Friedman
Principal
Friedman

Mr. Friedman provides corporate insurance counseling to companies in Florida, the Caribbean, New York, and other...  |  Read More

Lynn, Daniel
Daniel J. Lynn
Director
Jackson & Campbell

Mr. Lynn's practice specializes in advising clients and defending complex litigation involving Pollution Legal...  |  Read More

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