Insurance Coverage Litigation

Commercial general liability (CGL) insurance policies provide coverage to businesses for liability that may arise from property damage, bodily injury, and personal and advertising injury. CGL policies are complex, often involving a variety of exclusions, conditions and endorsements. It can sometimes be difficult to determine whether the CGL policy provides coverage for a specific loss. The coverage decision is crucial since it determines in the first instance, whether the insurer pays the cost of the legal defense and, secondly, whether the insurer will pay any judgment that might be rendered.

AMM attorneys have extensive experience in navigating CGL coverage disputes and the complicated CGL insurance policies from which they arise. We are frequently retained to interpret the language of these policies to provide opinions and if necessary, to litigate in court in Pennsylvania and in other states throughout the nation, to seek a judicial resolution of what are often complex coverage issues.

Some of the issues with which our Insurance Coverage Practice Group has grappled are:

  • Whether an Insurer has a duty to defend its insured;
  • Whether an Insurer has a duty to indemnify, or pay a judgment entered against its insured;
  • The Insurer’s right to audit its insured and assess an additional premium;
  • Analysis of tenders for defense and/or indemnity by contractors and subcontractors on an additional insured and insured contract basis;
  • What policy limits apply and whether they are excess or pro rata;
  • Whether a loss falls within the:
  • Expected or Intended Injury Exclusion;
  • Contractual Liability Exclusion
  • Liquor Liability Exclusion
  • Employer’s Liability Exclusion
  • Pollution Exclusion
  • Aircraft, Auto or Watercraft Exclusion
  • Damage to Property Exclusion
  • Damage to Your Work Exclusion
  • Whether a loss is covered under the Products-Completed Operations Hazard
  • Whether a loss is covered under the Personal and Advertising Injury coverage.