Monthly Archives: February 2014

The Recovery of Loss of Use for Damage to Pleasure Craft

Posted on February 21, 2014 by Bill Clark — No Comments ↓

The recoverability of loss of use damages for recreational water craft has been vexing Federal courts in Admiralty cases for over 100 years. In 1897, the Supreme Court of The United States held that loss of use damages for a…

Dirty Business – The Effect on Subrogation of the Total Pollution Exclusion in a Liability Policy

Posted on February 14, 2014 by Doug Fox — No Comments ↓

Since the mid-1980’s, virtually all Commercial General Liability (CGL) policies have contained some form of a total (or absolute) pollution exclusion. The 1988 ISO total pollution exclusion endorsement provides that there is no liability coverage for “property damage…which would not…

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