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Coverage Concerns

    IS NAMING A SHOE AN ADVERTISEMENT?

IS NAMING A SHOE AN ADVERTISEMENT?

Vibram’s named their running shoe “Bikila” after Abebe Bikila a famous barefooted runner. Bikila’s family sued Vibram for using the name without their permission. When Vibram’s CGL carrier, Holyoke Mutual, refused to defend the case due to an exclusion, Vibram argued that the case was not subject to the personal injury exclusion because of an advertisement-related exception. The trial court didn’t agree with Vibram’s argument so Vibram turned to a

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    WARREN’S WAGER

WARREN’S WAGER

Berkshire-Hathaway’s new commercial lines THREE policy provides coverage for property, auto liability, general liability, errors and omissions, cyber losses and workers compensation in just three pages. What should you know about it? WARREN’S WAGER What does Buffet see in a three-page policy? By Joseph S. Harrington, CPCU What is Warren Buffett thinking? The Oracle of Omaha is being widely criticized by insurance policy form experts for promoting Berkshire-Hathaway’s new commercial

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    WHO SIGNED THE CONTRACT?

WHO SIGNED THE CONTRACT?

Anwar was severely injured while working on FCL’s jobsite, so he sued FCL as the general contractor. FCL had a written contract with all its contractors to include it as an additional insured on their policies so Anwar’s suit was forwarded to JAK, Anwar’s employer. JAK’s carrier refused to provide the automatic additional insured coverage because JAK was a subcontractor of Suburban not FCL. However, Suburban did have a contract

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    POLLUTION EXCLUSIONS

POLLUTION EXCLUSIONS

In 2009, a Rough Notes columnist encouraged readers to ask, “When did the product become a pollutant?” Today, a recent court ruling gives a strange boost to the broad application of pollution exclusions. POLLUTION EXCLUSIONS Putting producers between their carriers and their clients By Joseph S. Harrington, CPCU, with a nod to the late Don Malecki “When did the product become a pollutant?” That’s a question Don Malecki told readers

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    A VERY CONFUSING ENDORSEMENT

A VERY CONFUSING ENDORSEMENT

An employee of Black Silver removed property from each of the company’s five stores. The actions took place over a two-year time period and resulted in an employee theft loss of $65,000. Black Silver was insured by Sequoia Insurance under a Businessowners policy with a coverage extender Form SEQ 1525 attached. When presented with the claim, Sequoia initially offered $10,000 and then $20,000 but Black Silver demanded $65,000. The trial

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