Date : May 19, 2014
Meagher & Geer partner, Paula Weseman Theisen, authored an article on the CGL known-loss provision that was published in the Spring 2014 issue of Minnesota Defense, a quarterly publication of the Minnesota Defense Lawyers Association.
Did you Read the Policy?: The Known-Loss Amendment to the CGL Insuring Provision
Most members of the defense bar have a least a passing familiarity with the standard CGL insurance policy forms drafted by Insurance Services Office, Inc., also known as ISO. From pharmaceutical product liability actions involving bodily injuries to construction defect lawsuits involving property damage, these commercial general liability policy forms dictate which insurer or insurers, if any, provide defense and indemnity coverage for a loss. And, for those members of the defense bar specializing in insurance coverage litigation, these policies provide the bedrock for their analysis in cases involving bodily injury or property damage.
It is surprising, then, that a significant change to the standard CGL insuring agreement more than a decade ago has attracted so little attention, either in the insurance defense and coverage bars or the Minnesota Courts. This important amendment, which added what frequently is referred to as the “known-loss’ or “known- and continuing-loss” provision, has two key components that affect almost all “continuing loss” cases–i.e., those in which the alleged bodily injury or property damage known by the insured is deemed to have known about the bodily injury or property damage occurred over a period of time that spans multiple policy periods.
Click here to view the entire article.
Paula, one of the firm’s insurance coverage partners, has litigated cases involving all types of insurance coverage, including CGL primary and excess policies, D&O and E&O policies, EPL policies, specialty lines, reinsurance, and self-funded and insured life, health and medical plans. She also has represented clients in multiple federal court appeals, including a brief in response to a petition for certiorari to the United States Supreme Court. Paula also serves as the head of the firm’s Electronic Litigation practice group and serves as the firm’s primary attorney resource on computer and technology issues.
Established in Minneapolis in 1929, Meagher & Geer has earned a reputation as one of the leading litigation defense and insurance coverage firms in the Upper Midwest. We offer 80 lawyers in 20 practice areas. From our offices in Minneapolis, Minnesota and Phoenix, Arizona we represent businesses of all sizes, public entities, non-profit organizations, and individuals. Our nationally recognized trial lawyers have taken more than 105 cases to verdict since 2007. During the same period, our appellate lawyers have handled more than 120 appeals in state and federal courts. At last count we represented more than 125 of the leading insurance companies in the U.S., and we also handle work for insurers based in London, Canada and Bermuda.
Our attorneys are licensed in many states, including Arizona, California, Georgia, Iowa, Illinois, Minnesota, Montana, Nebraska, New Jersey, New York, North Dakota, South Dakota, Texas, Virginia, and Wisconsin.