CGL Exclusions: Navigating Contractual Liability, Business Risk, Third-Party Over, 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


Conducted on Wednesday, April 16, 2014

Recorded event now available

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Program Materials

This CLE webinar will discuss common CGL policy exclusions that are frequently contested 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 is passed 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 effective 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 key 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 be facing 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?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Robert Friedman
Robert Friedman

Principal
Friedman

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

Robert S. Marshall
Robert S. Marshall

Partner
Nicolaides Fink Thorpe Michaelides Sullivan

A seasoned litigator with over 20 years’ experience, Mr. Marshall focuses his practice on successfully...  |  Read More

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