A lot has been written lately – both by judges and observers – about the so-called “business risk” exclusions and their applicability to construction defect claims. (We’ve previously discussed them here, for example.) Some judges have ruled that faulty workmanship can never constitute a covered “occurrence” under a general liability policy. Lately, though, more
Occurrence
Insurance coverage for cyberliability
At the end of this month (January 26, to be exact), assuming that the Mayans remain incorrect, I’ll be doing a presentation to the New Jersey Institute for Continuing Legal Education on the topic of insurance coverage for cyberthreats. Of course, I probably should be disqualified from making any comments whatsoever about trends in computer-related…
The “Eight Corners” Rule and the Duty to Defend
One of the issues that frequently comes up in complicated third-party cases is: How far outside the underlying complaint does the carrier have to go to determine whether coverage exists? New Jersey is not an “eight corners” state (in which all the court considers is the four corners of the policy and the four corners…
What is an “occurrence”?
When I started in this business at Anderson Kill back in the 1980s (when the firm was still Anderson Russell Kill & Olick, P.C.), junior lawyers (including me) would do anything, and I mean anything, to keep from sliding into the abyss known as the Insurance Coverage Group. Who wanted to while away his or…
The timing of an “occurrence” and the duty to defend
Every once in awhile, we come across a case that calls to mind the formal legal term: “Eeeeww.” Here’s one that’s now before the New Jersey Supremes, and that (if you can get past the ghoulishness) involves two important questions:
(1) When does an “occurrence” take place under a liability policy?
(2) Can a court…