Casualty Insurance Policy Provisions and Coverage
Liability coverage mechanics
Read the CGL insuring agreement closely: occurrence forms respond to injury or damage during the policy period, while claims-made forms respond to claims first made during the period and reported within the extended reporting period. Know the trigger theories and how multiple-occurrence versus single-occurrence wording affects the per-occurrence and general aggregate limits. Follow the exclusions that generate most disputes: expected or intended injury, contractual liability, your work, your product, impaired property, pollution, auto, and employer's liability.
New York specifics: mandatory auto liability minimums of $25,000/$50,000 bodily injury and $10,000 property damage, $50,000 PIP, and supplementary uninsured/underinsured motorist coverage equal to the bodily injury limits unless rejected in writing. Article 51 no-fault bars tort claims for basic economic loss except a serious injury, with a 30-day application window and 30-day denial rule. Labor Law §§200, 240, and 241 create significant construction-site exposure. Comparative fault in New York is pure (CPLR 1411), so a claimant's negligence reduces but never bars recovery; joint and several liability survives with limited exceptions.
Traps: the CGL does not cover the insured's own injury or contractual penalties; notice conditions and voluntary-payment clauses bar settlements made without consent; additional-insured status depends on the endorsement's exact wording; automobile exclusions can defeat coverage for rented or borrowed vehicles.
Rule of thumb: before evaluating damages, confirm the trigger (occurrence or claim date), the limit type (per occurrence versus aggregate), and whether a written tender went to any excess or umbrella carrier.