General Liability Insurance Coverage Key Issues in Every State, Second Edition

Author: Randy J. Maniloff; Jeffrey W. Stempel
Publisher: Oxford University Press USA
ISBN: 9780199846559
Published In: May 2012
Format: Paperback , 664 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Author

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Written by a practitioner and legal scholar with extensive backgrounds and experience in insurance coverage law
An easy-to-read resource for all those involved in the insurance claims process
Provides readers with a thorough and up-to-date state-by-state analysis of insurance coverage law
Includes descriptions of nearly 3,000 cases

Insurance coverage disputes raise issues in which laws and outcomes regularly vary from state to state. Whether a claim is covered can depend a great deal on whether the case arises on one side of the street or another. It is imperative that insurance claims professionals, lawyers, brokers, risk managers, risk consultants, regulators, and judges have adequate access to comparative state-law research. General Liability Insurance Coverage is designed to give the stakeholders in the claims process ready access to the law of all 50 states on the most important liability insurance issues to quickly learn and assess state law relevant to coverage disputes.

The Second Edition addresses nearly 800 new cases covering all 50 states (most from 2010 and 2011) and adds the District of Columbia and a new chapter addressing Coverage for Pre-Tender Defense Costs.

Readership: The primary audience will be practitioners, both individual and small-firm practitioners and lawyers in larger firms tending to specialize in insurance matters. Non-specialists will find the book accessible and useful and will either want as a deskbook or will want at least one copy of the Desk Reference in the firm library. Lawyers in larger or insurance-specialty firms will find it useful for each lawyer to have a Desk Reference because such lawyers will frequently be faced with coverage letters, claims, and potential or actual litigation in which the location of the dispute and choice of law may impact the outcome of the dispute. A secondary audience is expected among law libraries in state and federal courts and at law schools or bar associations.

1. Commercial General Liability Insurance-An Overview
2. Choice of Law
3. Late Notice Defense Under "Occurrence" Policies-Is Prejudice to the Insurer Required?
4. Coverage for Pre-Tender Defense Costs
5. Duty to Defend Standard: "Four Corners" or Extrinsic Evidence?
6. Insured's Right to Independent Counsel
7. Insurer's Right to Reimbursement of Defense Costs
8. Insured's Right to Recover Attorney's Fees in Coverage Litigation
9. Number of Occurrences
10. Coverage for Innocent Co-Insureds: "Any" Insured vs. "The" Insured and the Severability of Interests Clause
11. Is Emotional Injury "Bodily Injury?"
12. Is Faulty Workmanship an "Occurrence?"
13. Permissible Scope of Indemnification in Construction Contracts
14. Qualified Pollution Exclusion
15. Absolute Pollution Exclusion
16. Trigger of Coverage for Latent Injury and Damage Claims
17. Trigger of Coverage for Construction Defects and Non-Latent Injury and Damage Claims
18. Allocation of Latent Injury and Damage Claims
19. Invasion of Privacy: Guidance From "Junk Fax" Claims
20. Insurability of Punitive Damages
21. First- and Third-Party Bad Faith Standards
22. "Reasonable Expectations" Approach to Insurance Policy Interpretation

Randy J. Maniloff, Partner, White and Williams LLP, and Jeffrey W. Stempel, Professor of Law, University of Nevada, Las Vegas (UNLV)

Randy J. Maniloff is a partner at White and Williams LLP in Philadelphia. He concentrates his practice in the representation of insurers in coverage disputes over primary and excess obligations under a host of policies, including commercial general liability and various professional liability policies. Mr. Maniloff is a frequent contributor of articles to Mealey's Litigation Report: Insurance, among other publications, addressing a variety of insurance coverage topics. For the past eleven years, Mr. Maniloff has published a year-end article in Mealey's that addresses the ten most significant insurance coverage decisions of that year. Mr. Maniloff has also written for such influential organizations as The Federalist Society, Manhattan Institute and Washington Legal Foundation.

Jeffrey W. Stempel is the Doris S. and Theodore B. Lee Professor of Law at the William S. Boyd School of Law at the University of Nevada, Las Vegas. Stempel is a 1981 graduate of Yale Law School, where he was an editor of theYale Law Journal and co-founder of the Yale Law and Policy Review. He spent two years as a law clerk to a federal district court judge in Philadelphia and three years in private practice with a firm in Minneapolis before entering the teaching profession. He is the author of Stempel on Insurance Contracts, a practitioner-oriented treatise.