The concept of secondary liability: a conflict between car rental agencies and personal lines insurers

Article Abstract:

Most rental car services include secondary liability clauses in their rental agreements. Personal insurance carriers object to these clauses because they attempt to shift liability, but rental services note that state law does not always extend personal insurance coverage. States differ on whether or not they recognize secondary liability and, absent legislation regarding it, automobile renters have no guarentee that they will be covered.

Direct Property and Casualty Insurance Carriers, Fire, marine, and casualty insurance, Auto Insurance, Automobile lease and rental industry, Car leasing, Car rental, Automobile insurance

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Personal and advertising injury insurance: the fortuity requirement revisited

Article Abstract:

The fortuity doctrine in insurance law states that insurance policies do not cover against liability from harm that the insured intended to cause. The authors discuss how courts have interpreted this in connection with commercial general liability policies. They assert that courts have extended coverage by not paying sufficient attention to the fortuity principle.

Insurance policies, Insurance policy exclusions

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Insurance coverage for "inducement claims"

Article Abstract:

The author discusses attempts to cover patent infringement "inducement" claims under corporate general liability policies and their inevitable failure.

Interpretation and construction, Practice, Advertising, Patent law, Insurance law

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