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The Limitations of Liability Coverage Under 'Designated Premises' Policies

By Jonathan H. Pittman and Elaine A. Panagakos
June 28, 2011

Defendants facing tort liability for bodily injury claims usually turn to their comprehensive general liability (“CGL”) policies for defense of suits and indemnity of amounts paid in settlement of claims or satisfaction of judgments. Where CGL coverage is not available, either because it was not purchased or because it has been exhausted, some policyholders have attempted to obtain general liability coverage under policies that provide a more limited coverage, namely policies that provide coverage for bodily injury or property damage liability arising out of the ownership, maintenance or use of a particular “designated premises.”

Policies that provide such “designated premises” liability insurance can include “package” policies that combine one or more coverages for a specific building or premises. Such policies frequently combine first-party coverage for loss of or damage to the designated building or premises from such perils as fire or storm with coverage for liabilities arising out of the ownership, use or maintenance of the designated premises. Policies of this type can include Special Multi-Peril policies (“SMP policies”), Commercial Package policies (“CPP policies”), or Owner's, Landlord's and Tenant's Policies (“OLT policies”). In other instances, endorsements added to CGL policies modify the policies' insuring agreement to limit coverage to liabilities arising out of the ownership, maintenance or use of a particular “designated premise.”

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