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General Liability Insurance Coverage: Key Issues in Every State

Overview


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 ...
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General Liability Insurance Coverage: Key Issues in Every State

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Overview


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 700 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.

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Editorial Reviews

From the Publisher

"Drawing on decades of experience and thousands of precedent setting cases across all 50 states, Maniloff and Stempel have assembled the most comprehensive claims coverage reference guide in existence. Every claims professional, underwriter, attorney, broker and insurance regulator should keep a copy of this book at their fingertips."
--Robert P. Hartwig, Ph.D., CPCU President, Insurance Information Institute

"I have a prominent place in my office for the new and thorough insurance treatise by Randy Maniloff and Jeffrey Stempel. They provide a comprehensive base of insurance law against which to assess the availability of insurance coverage for many current liability exposures. Eminently readable and up to date, this new entrant into the arena of insurance treatises quickly has moved to the top of my list of insurance resources."
--Jerold Oshinsky Partner, Jenner & Block LLP

"As someone who answers several thousand coverage questions annually from insurance agents, General Liability Insurance Coverage: Key Issues in Every State will be an indispensible reference tool. Whether the user is an agent, broker, adjuster, risk manager, or attorney, I can't imagine being involved with CGL claims on a multi-state basis without this book in my reference library."
Bill Wilson, CPCU, ARM, AIM, AAM Associate VP, Education & Research, Independent Insurance Agents & Brokers of America Director, Big "I" Virtual University

"This is a practical and academic resource all lawyers practicing insurance coverage law should have on their desks. It's one of the best compendiums on insurance issues I've seen."
A. William Maupin Chief Justice, Supreme Court of Nevada (Ret.)
Of Counsel, Lionel, Sawyer & Collins

"A state-by-state status of key liability insurance topics for anyone requiring prompt and comprehensive answers often difficult to find."
--Donald S. Malecki, CPCU Principal, Malecki Deimling Nielander & Associates, LLC

"General Liability Insurance Coverage: Key Issues In Every State contains a very timely and thorough analysis of key coverage issues confronting insurance professionals and practitioners alike. It should be a core component of any general liability research collection."
--Steven D. Pearson Meckler Bulger Tilson Marick & Pearson LLP

"As a risk manager, this book provides a handy reference with concise information about insurance coverage decisions that impact our operations. The categorized state-by-state organization of the information makes it simple to find what you're looking for, written in a way that's easy to understand."
--Gary Langsdale University Risk Officer, Pennsylvania State University
2009 Business Insurance Risk Management Honor Roll

"A valuable tool for any attorney involved in insurance related issues, whether the practitioner is new to the practice area or a seasoned veteran."
--Brett J. Barratt Commissioner of Insurance, Nevada Division of Insurance

"This valuable guide will take you through the state-by-state differences in the controversial issues that are often litigated in general liability insurance coverage cases. Randy Maniloff and Jeff Stempel are steeped in knowledge of the key points of dispute and provide useful viewpoints on how different jurisdictions resolve them. It is a great addition to the bookshelf of everyone who practices law or works in this field."
--Laura A. Foggan Partner, Wiley Rein, LLP

"Upon its arrival, General Liability Insurance Coverage: Key Issues in Every State immediately became the 'go to' resource in our Home Office Claims Department. This organized, comprehensive, and citation-supported volume gets my highest recommendation. With answers on a nationwide basis to so many common coverage issues right at our fingertips, 'Key Issues' has cut down on how often we call coverage counsel."
--Francis R. Santoro, Vice President/Claims Pennsylvania Lumbermens Mutual Insurance Company

"Maniloff and Stempel have 'written the book' on liability insurance coverage. I consult it first whenever I face a coverage question (and you will too)."
--John M. Tereniak, Claims Superintendent, Admiral Insurance Company

"If there is such a thing as a 'Bible' in the field, General Liability Insurance Coverage: Key Issues in Every State, unequivocally qualifies."
--Joseph M. Junfola, CPCU, RPLU, SCLA, AIC, ASLI, ARe, AU, ARM, CRIS, AIS, MLIS Assistant Secretary, Claims

"General Liability Insurance Coverage: Key Issues in Every State is so useful that you'll have to buy more than one copy, because it is always missing from the library. In fact, I can't find my copy right now."
--Chris Casson, AIC, Claims Manager, Vela Insurance Services, LLC

"At your fingertips, General Liability Insurance Coverage contains relevant, current, state-specific information on some of the most researched topics in the CGL form. The pages of my book are frayed, earmarked, highlighted and underlined from its constant use as a definitive CGL resource. I would not be caught without it."
--Steven D. Lyon, CPCU,CIC,CRM,AAI,ARM,AIS CRIS Lyon Consulting Services, LLC

"If you liked the first edition - and I surely did - you will like the second edition even more. Put this book on your MUST HAVE list...Randy Maniloff and Jeffrey Stempel have just published a second edition of their tremendously useful and practical state-by-state summary of insurance coverage issues. This is the most useful handbook of insurance cases I've found and I've kept the first edition on my desk, now replaced with the second. I reference this publication with regularity."
--Dan D. Kohane, Hurwitz & Fine's Coverage Pointers

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Product Details

  • ISBN-13: 9780199846559
  • Publisher: Oxford University Press, USA
  • Publication date: 3/9/2012
  • Edition number: 2
  • Pages: 664
  • Product dimensions: 6.10 (w) x 9.20 (h) x 1.60 (d)

Meet the Author

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. Mr. Maniloff is a frequent lecturer at industry seminars and has been quoted on insurance coverage topics by such media as: The Wall Street Journal, The New York Times, USA Today, Dow Jones Newswires, The Philadelphia Inquirer, The Times-Picayune, and The National Law Journal.

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 the Yale 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.

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Table of Contents

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

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