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Is Coverage Hiding in Your Insured Contracts?
Contractual liability frequently is excluded from coverage in Commercial General Liability (“CGL”) policies. However, certain contractual liabilities, including “insured contracts,” typically are covered under CGL policies as a result of exceptions to the general contractual liability exclusion. Policyholders may be less inclined to consider the prospects of such coverage when the “insured contract” is not characterized as an elevator maintenance agreement, a railroad sidetrack agreement, or some other type of agreement specifically referenced in the policy as being an insured contract.
In fact, however, CGL policies commonly define “insured contracts” as including that part of an agreement in which the insured assumes the “tort liability of another party to pay for 'bodily injury' or 'property damage' to a third person or organization.” ISO form CG 00 01 12 04. In some polices, the indemnitee may even be included as an “additional insured,” allowing an indemnitee to directly assert coverage under its indemnitor's insurance policy. In addition, some courts allow an indemnitee who is not listed as an “additional insured” to bring a direct action against an insurer.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.