Mark Packman

Mark Packman

Gilbert LLP

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Latest Publications


Recent Ruling Highlights Inconsistent Conclusions Regarding Number of Occurrences by Courts Applying the “Cause” Test

It’s a disturbingly common situation. A youth gets access to the family gun and, accidentally or otherwise, kills or injures one or more people. The victims (or their survivors) sue the family of the shooter, arguing that...more

9/13/2013 - Assault with a Deadly Weapon Bodily Injury Illegal Gun Possession Number of Occurences Occurrence Personal Liability Single Occurrence

West Virginia Reverses Course to Expand Coverage

In the construction industry, small defects in workmanship can result in dramatic losses. For example, water damage losses arising from an improperly installed bathtub could be many times the cost of installing the tub in...more

7/23/2013 - Commercial General Liability Policies Construction Accidents Construction Contracts Construction Defects Construction Workers Insurers Liability Insurance

The “Non-Cumulation” Clause: Another Attempt by Insurers to Escape Coverage Obligations

Imagine the following scenario: your company faces thousands of lawsuits because, years ago, it produced a product that people now say is dangerous. As the claims quickly burn through your primary liability coverage, you...more

6/17/2013 - Contract Drafting Excess Policies Insurers Liability Insurance Non-Cumulation Clause

Illinois Appeals Court Reaffirms Zurich v. Raymark, Strengthens All Sums Precedent Under Illinois Law

In a significant victory for policyholders, the Illinois Appellate Court reversed a trial court decision that John Crane, Inc. (“Crane”) had no excess coverage for asbestos bodily injury claims. By so ruling, the appeals...more

3/19/2013 - Excess Policies Horizontal Exhaustion Doctrine Insurers Umbrella Policies

Gilbert LLP Convinces Sixth Circuit to Rule in Favor of Asbestos-Containing product Manufacturer-Policyholders

Comprehensive general liability policies limit the amount the insurer has to pay for each “occurrence”, which is typically defined as an “accident” or “exposure to [injurious] conditions”. Insurers and policyholders...more

1/28/2013 - Asbestos Liability Insurance Manufacturers Number of Occurences

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