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Articles Posted in Limits of Liability

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Fifth Circuit Reminds Policyholders to Be “Not Less Than” Careful When Drafting Master Service Agreements

Just as the oilfield fuels the modern economy, master service agreements (MSAs) fuel the modern oilfield. But while almost every MSA contains indemnity and insurance clauses, experienced oilfield lawyers will advise their clients that no two are identical. Determining how these unique contractual provisions apply to losses and interact with…

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Don’t Overlook the Next COVID-19 Insurance Battleground: Liability Coverage

We have written much about business interruption coverage for losses arising from the COVID-19 pandemic, and expect that those losses will continue to dominate the insurance landscape for the foreseeable future. But, in recent weeks, another trend has emerged that will also significantly impact businesses: third-party lawsuits related to COVID-19…

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Ohio Supreme Court Finds Subcontractor’s Faulty Workmanship Causing Damage to the Work Itself Not Covered under CGL Policy

Last week, the Ohio Supreme Court unfortunately narrowed the scope of coverage for a subcontractor’s faulty workmanship. The court held in Ohio Northern University v. Charles Construction Services, Inc. that faulty workmanship in a construction defect case is not an “occurrence” under standard-form CGL policies in Ohio. The circumstances will…

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Not Quite So Limited: Are Sublimits Sure to Limit Your Level of Coverage?

A critical component of any insurance policy is of course its limit, which is usually the most an insurance company must pay for a loss. But many property insurance policies include “sublimits” that provide a lower limit for particular losses. Identifying the sublimits in a policy is usually straightforward since…