Company Not Entitled To Coverage Under Commercial General Liability Policy For Damage Caused To Its Own Property Arising Out Of Its Own Acts

By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, L.L.C. In JB Recycling Group, Inc. v. Landmark American Insurance Company, 2012 WL 3516490 (S.D.Fla. 2012), a recycling company (“Company”) was performing mulching work on its own real property in Florida when its mulching excavator caught fire and released fuels and other fluids onto the Company’s […]

THE INSURER’S DUTY TO DEFEND AND INDEMNIFY UNDER CGL POLICIES

By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, LLC Commercial General Liability (“CGL”) policies are design to protect an insured against certain losses arising out of business operations.  CGL policies generally provide that if the insured is sued for “bodily injury” or “property damage” occurring during an applicable policy period, the insurer will defend […]

INSURER WAIVES RIGHT TO DENY COVERAGE UNDER FORFEITURE PROVISION

By: Richard E. Guttentag, Esq. and Alex Beck, Esq., Stearns, Roberts & Guttentag, LLC Many insurance policies contain “forfeiture provisions” which are invoked by insurance companies to deny coverage for claims which would otherwise be covered under a policy. A common example of a forfeiture provision requires the insured to timely file a notice of […]