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“Total Pollution Exclusion” Endorsement has greater application than the standard “pollution” exclusion under a CGL policy

Submitted by Jessica Gregory on 01 Feb, 2022

with Carri Leininger Commercial General Liability policies will typically include a standard “pollution” exclusion under the policy’s general exclusions. This standard exclusion contains certain conditions that must be met in order for the exclusion to apply. Thus, its application is limited. However, some policies will also contain an Endorsement titled…

What will terminate the ability to accept a pending Proposal for Settlement?

Submitted by Jessica Gregory on 31 Jan, 2022

with Carri Leininger Several Florida courts have held that a proposal for settlement cannot be accepted after a trial begins. See Kennard v. Forcht, 495 So.2d 924 (Fla. 4th DCA 1986) (prohibiting plaintiff from accepting offer, where plaintiff received the offer prior to trial but waited until trial was essentially…

Additional Insured Endorsements may provide greater coverage than carrier anticipated

Submitted by Jessica Gregory on 09 Nov, 2021

Many Additional Insured (“AI”) Endorsements in CGL Policies contain language such as: A person or organization is an Additional Insured, only with respect to liability arising out of “your work” for that Additional Insured by or for you. (emphasis added). The courts in Florida have interpreted this “arising out of”…