CHAPTER 25 Casualty and Insurance

• Jurisdiction: United States
• Publication year: 2022

CHAPTER 25 Casualty and Insurance

Chapter Contents¹

§ 25.01 Allocation of Risks and Responsibilities

[1] Introduction
[2] Common Law Standards
[3] The "Hub and Spokes" View of Casualty and Insurance
[4] A Modern Perspective

[a] Obligation to Restore the Premises
[b] Timing of the Casualty
[c] Landlord's Notice to Tenant Regarding Restoration
[d] Abatement During Restoration

§ 25.02 Modern Liability

[1] In General
[2] Tort
[3] Contract or Lease Covenant
[4] Indemnification
[5] Vicarious Liability
[6] Fraud or Misrepresentation
[7] Environmental Insurance

[a] The Pollution Exclusion

[i] The History
[ii] Terrorist Acts and the Pollution Exclusion
[iii] Arguments that the Pollution Exclusion Only Applies to Traditional Environmental Pollution Cases
[iv] Arguments for Excluding "Terrorism Pollution"
[v] Expectations for the Future

[b] Pollution Legal Liability Insurance
[c] Commercial Pollution Legal Liability Insurance
[d] Commercial Real Estate Pollution Legal Liability Insurance
[e] Property Transfer Insurance
[f] Brownfields Restoration and Development Insurance
[g] "Cleanup Cap" or "Stop Gap" Insurance
[h] Closure/Post-Closure Insurance
[i] Secured Creditor Impaired Property Insurance
[j] Contractor's Pollution Liability and Errors and Omissions Insurance
[k] Finite Risk Coverage

[8] Mold: The Associated Risks and Insurance Coverage

[a] Introduction
[b] Insurance Coverage Mold Exclusions
[c] Exceptions to the Mold Exclusions
[d] Avoiding Liability—Allocating Responsibility
[e] The Effect of the Mold Exclusion in the Claims-Made Liability Insurance Context
[f] Types of Claims

[i] First-Party Claims
[ii] Third-Party Claims

[g] Maximizing Insurance Coverage for Mold
[h] Concluding Comment

[9] Notifying the Insurer About Material Changes in Circumstance
[10] Defective Construction

[a] Whether Construction Defects Qualify as "Occurrences"
[b] Addressing the Construction Defect "Occurrence" Issue Through Legislation
[c] Case Law Regarding Faulty Workmanship and the Occurrence Issue
[d] What the Future Holds

§ 25.03 Types of Coverage

[1] Property Coverage

[a] Direct Losses
[b] Indirect Losses

[2] Property Endorsements
[3] Liability Coverage

[a] In General
[b] Claims-Made Coverage
[c] Common Beneficiary Designation
[d] Policy Limits

[3A] Self-Insurance/Captive Insurance Companies

[a] Self-Insurance
[b] Captive Insurance Companies
[c] Landlord's Concerns and Protections
[d] Sample Lease Provision
[e] Conclusion

[4] Post 9/11 Changes

[a]

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