Commercial General Liability Insurance: The Complete Guide

Agenda / Content Covered

All times are shown in Eastern time

1. Foundation of Commercial General Liability Coverage
   11:00 - 11:45, Nicholas M. Insua
   1. How the Insuring Agreement, Conditions, Exclusions, and Exceptions Work Together
   2. Reading the Insuring Agreement
   3. Breach of Contract vs. Tort
   4. Covered Partners and Employees
   5. Policyholders Requirements for Providing Notice of Claim
   6. Do Government Enforcement Actions Constitute a 'Suit'?
2. CGL Insurer's Duty to Defend
   12:00 - 12:30, Carrie Maylor DiCanio
   1. Eight Corners Rule vs. Extrinsic Evidence
   2. Is the Insurer Required to Investigate?
   3. Proper Use of Extrinsic Evidence to Disclaim Coverage
   4. True but Unpleaded Facts Rule
3. Coverage for Bodily Injury and Property Damage Liability
   12:30 - 1:15, Raymond Mascia
   1. What Counts as an Occurrence?
   2. Impact of Different Trigger Theories
   3. Property Damage vs. Contract Damage
   4. Trends in Construction Defect Coverage Litigation
   5. Coverage for Products Liability
   6. Coverage for Emotional Injuries
4. Coverage for Personal and Advertising Injury Liability
   1:45 - 2:30, Raymond Mascia
   1. What Counts as an Offense?
   2. Coverage for Violation of Consumer Protection Statutes: TCPA, FCRA, FACTA and More
   3. Commercial Disparagement
   4. What Counts as a Publication?
   5. When Privacy is Violated by a Third Party
   6. Violating the Privacy of an Individual vs. a Company
   7. Coverage for Cybertorts
5. Tricky Exclusions that Limit Coverage
   2:30 - 3:15, Carrie Maylor DiCanio
   1. Business Risk Exclusions
   2. Contractual Liability Exclusion
   3. Professional Services Exclusion and Negligent Hiring or Supervising
   4. Pollution Exclusion
   5. Other Key Exclusions
   6. When Other Insurance Policies Apply
6. Using the CGL Policy to Transfer Risk
   3:30 - 4:00, Raymond Mascia
   1. Comparing Additional Insured and Contractual Indemnification
   2. Impact of State Anti-Indemnification Statutes
   3. Contractual Privity Issues
   4. Matching AI Coverage with Terms of Contract between Parties
7. Endorsements
   4:00 - 4:30, Nicholas M. Insua
   1. Role of Endorsements in the CGL Policy
   2. Using Available Endorsements to Interpret Policy Language
   3. New ISO Endorsements You Need to Know
8. The Most Important CGL Insurance Coverage Cases
   4:30 - 5:00, Michael Aylward
   1. Of All Time
   2. Of the Past Few Years
   3. CGL Coverage and the Coronavirus
9. Ethics
   5:00 - 6:00, Nicholas M. Insua and Thomas F. Quinn
   1. Ethics in the Tripartite Relationship
   2. Separating Coverage and Liability Claims
   3. Avoiding Conflicts of Interest
   4. Duty to Investigate Other Potential Coverage

Accreditation Details:

MICHAEL AYLWARD is a partner in the Boston office of Morrison Mahoney LLP, where he chairs the firm's complex insurance claims resolution group. For the past four decades, he has represented insurers and reinsurers in disputes around the country concerning the application of liability insurance policies to commercial claims involving intellectual property disputes, environmental and mass tort claims, and construction defect litigation, as well as bad faith claims arising out of such disputes. He has also served as an AAA-certified arbitrator in numerous insurance coverage matters and has testified as an expert in matters involving coverage and reinsurance issues arising out of such claims. He has taken a leading role in the major defense bar associations, including DRI, FDCC and IADC; and is a founding member and immediate past-president of the American College of Coverage Counsel, a peer-reviewed group of the pre-eminent insurance lawyers in the United States and Canada. Mr. Aylward earned his B.A. degree, cum laude, from Dartmouth college; and his J.D. degree, cum laude, from Boston College Law School.

NICHOLAS M. INSUA is a shareholder in the New Jersey and Philadelphia offices of Anderson Kill who focuses his practice on insurance recovery litigation and counseling. He also represents clients in business disputes outside the insurance coverage context. Mr. Insua is also a member of the firm's COVID task group. He earned his B.A. degree from Yale University and his J.D. degree, with highest honors, from Rutgers School of Law - Camden.

RAYMOND MASCIA is a shareholder in Anderson Kill's New York office and a member of the firm's insurance recovery group and COVID task group. He represents corporate and governmental policyholders in all types of insurance recovery matters, including matters involving D&O coverage, professional liability coverage, general liability coverage, environmental and asbestos claims, commercial crime insurance, and first-party property, and business interruption losses arising from natural disasters and other perils. Over the course of his career, Mr. Mascia has recovered hundreds of millions of dollars in insurance proceeds for policyholders. He earned his J.D. degree from St. John's University School of Law.

CARRIE MAYLOR DiCANIO is the managing shareholder of Anderson Kill's Denver office and a shareholder in the firm's New York office. She is a member of the firm's insurance recovery, commercial litigation, and COVID task groups; and co-chair of Anderson Kill's Women's Network. Ms. Maylor DiCanio was selected as one of forty nationwide winners, and the sole policyholder attorney, of the Business Insurance 2018 Break Out Award. The award recognizes the next generation of leaders in insurance. Also in 2018, Law360 named her a Rising Star in Insurance. Benchmark Litigation has selected her for inclusion in Benchmark's 40 & Under Hot List in 2018, 2019 and 2020. Ms. Maylor DiCanio has recovered valuable insurance proceeds for corporate policyholders in litigation throughout the United States and advised clients extensively on pre-litigation insurance matters. She has litigated and arbitrated claims involving a range of insurance policies, including representations and warranties, D&O, E&O, CGL, environmental, and property. Ms. Maylor DiCanio earned her J.D. degree from Benjamin N. Cardozo School of Law.

THOMAS F. QUINN is an attorney with Wilson Elser Moskowitz Edelman & Dicker LLP. His commercial civil litigation practice spans 30 years and focuses on professional liability defense and insurance coverage. Mr. Quinn represents lawyers, accountants, insurance brokers and other miscellaneous professionals in malpractice actions, and represents insurance companies in coverage disputes and rendering coverage opinions. He also has a general commercial litigation practice handling ERISA and environmental matters, including class actions. His trial practice focuses on New Jersey state and federal courts, and he is a New Jersey certified civil trial attorney. Mr. Quinn is well known to New Jersey judges and has lectured on both professional liability and insurance coverage issues at their annual Judicial College. He is the immediate past president of the Essex County Bar Association, New Jersey's second-largest bar organization. Mr. Quinn is credited with more than 15 reported cases, and more than 20 unreported cases, primarily in the coverage and professional malpractice areas, some of which are landmark New Jersey decisions. In addition to litigation, he counsels professionals on risk management techniques and represents them before ethics boards. Mr. Quinn earned his B.A. degree from Georgetown University and his J.D. degree, cum laude, from Seton Hall University School of Law.