Limitation of Liability (“LOL”) clauses appear in many different types of professional services contracts. Poole Professional Ltd., Drafting An Enforceable Limitation of Liability Clause, July 2003, at 1. However, increasingly, construction professionals are encountering them in contractual documents between general…

CGL policies generally cover “property damage” brought about by an insured’s “operations in progress.” This grant of coverage extends to the insured’s subcontractors. Thus, contractors are usually covered for “property damage” occurring at the project, whether caused by their own…

In most continuous loss cases, multiple primary policies are on the risk for a given insured. The issue attorneys and insurance professionals often face is whether an excess insurer has an obligation to contribute to the defense and indemnity of…

Application of self-insured retentions (“SIRs”) is the frequent topic of court decisions around the country. These insurance provisions are so common because they are effective. They give the insured a stake in the liability, and consequently, provide him incentive to…

Recently, courts across the country have been called upon to decide the issue of whether the average commercial general liability (“CGL”) policy provides coverage for construction defect claims against contractors. Edward Weiman and Audrey Jing, Recent Developments in Construction Defect…