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Liability for Measures to Prevent Further Harm

By Michael T. Sharkey

General liability policies are frequently ' and incorrectly ' described as covering 'bodily injury' and 'property damage.' More accurately, the policies promise to 'pay those sums that the insured becomes legally obligated to pay as damages because of 'bodily injury' or 'property damage' to which this insurance applies.' ISO CG 0001 12 04 (2003) ('CGL'), at 1.

This distinction is significant in many coverage disputes, including questions of coverage for a policyholder's liability for the costs of measures to prevent additional harm from a source that already has caused harm. Insurance companies typically argue that the costs of any type of preventive measures fall outside of coverage, on the grounds that they are directed at the risk of future harm, not existing bodily injury or property damage.

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