CGL Contractual Liability Exclusion in Flux: Insurer and Policyholder Perspectives
Grappling with the Expanding Exclusion for Construction and Commercial Contracts
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide counsel with a review of a potentially alarming—or gratifying—recent trend in expanding the contractual liability exclusion in CGL policies. The panel will discuss the historical analysis of the exclusion and the impact on the construction industry, as well as non-construction commercial liability.
Overview of the contractual liability exclusion
- Historical CGL and ISO form changes
Analysis of recent case law
- Gilbert Tex. Construction L.P. v. Underwriters at Lloyd's London
- Ewing Construction Co. Inc. v. Amerisure Insurance Co.
- Majority vs. minority views
- Impact of the expansion of the exclusion on construction defect litigation
- Impact of the expansion of the exclusion on the use of indemnity agreements in non-construction settings
The panel will review these and other key questions:
- What is the majority view of the scope of the contractual liability exclusion and its applicability to liability arising from contractual agreement?
- How does the analysis applied by the court in Ewing Construction impact construction defect litigation?
- How does the analysis applied by the court in Ewing Construction impact the general use of indemnity agreements in non-construction settings?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Rodrigo (Diego) Garcia, Jr.
Mr. Garcia has advised and represented insurers in numerous types of coverage disputes, including litigation involving... | Read More
Mr. Garcia has advised and represented insurers in numerous types of coverage disputes, including litigation involving environmental pollution, construction defects, product liability, directors’ and officers’ insurance coverage, property insurance, and coverage issues involving asbestos and silica personal injury claims. He is recognized as a leading attorney in Chambers and Partner's as a Leading Lawyer in America for Insurance.Close
David R. Taubenfeld
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