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The system proposed in Missouri, which allows for an adjustment of the cap depending on the severity of the injury, may represent an attractive option should some form of capping be introduced in South Africa.
An Illinois appeals court ruled that an insurer had a duty to defend toxic tort lawsuits brought against its insured even though the claims contained vague, ambiguous allegations which did not necessarily bring the claim within the policy coverage.
In recent blogs we have made the point that the background and context of an agreement will be taken into account in the interpretation of an ambiguous provision.
A Michigan USA court has held that the smoke from an apartment fire that caused injuries to other tenants did not constitute a pollutant for the purposes of a pollution exclusion in a commercial general liability policy.
The strongest deterrent against FSP compliance missteps is or should be: