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IN THIS ISSUE

 
NEWSLETTER

Fall 2011

ARTICLES

IT OCCURED SO THERE IS AN "OCCURRENCE", RIGHT? NEW ILLINOIS APPELLATE COURT DECISION GIVES DIRECTION ON MEANING OF "PROPERTY DAMAGE" AND "OCCURRENCE" IN COMMERCIAL GENERAL LIABILITY POLICIES

Katie E. Gorrie

Lawsuits against contractors often allege defective workmanship and subsequent damage to a structure and/or damage to property within that structure. Commercial general liability policies are not always clear, however, in just what kinds of damage would be covered in such scenarios. Obviously, the definition of terms such as “property damage” and “occurrence” within the language of a policy is instructive, but even so called definitions can be unclear or ambiguous, when applied to novel facts. When an insurer’s duty to defend a contractor for a potential claim worth millions of dollars is on the line, the proper interpretation of policy terms is critical.

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REVISIONS TO OSHA STANDARDS REGULATING SLINGS CLARIFIES COMPLIANCE WITH LOAD CAPACITY REQUIREMENTS

Rory L. Margulis

Prior to June 8, 2011, The U.S. Department of Labor’s Occupational Safety and Health Administration Standards regulating load capacities for slings were pursuant to tables developed and based on the 1971 ANSI B30.9 Standards.  In revising the standards, OSHA found that the load-capacity tables contained duplicative, inconsistent and outdated information that confused compliance requirements.  The revisions are made both in the general industry standards and the construction standards. (Section 1910.184 and Section 1926.251)

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PRESS RELEASE: CONSTRUCTION FATALITIES DECLINE BY NEARLY 10 PERCENT BETWEEN 2009 AND 2010 AS INDUSTRY CONTINUES FOCUS ON WORKPLACE SAFETY

Joseph F. Spitzzeri

Date: August 25, 2011

Industry-Led Efforts Contributed to Nearly 40 Percent Reduction in Fatalities Since 2006

The number of construction fatalities declined by nearly 10 percent between 2009 and 2010, and by almost 40 percent during the past five years, according to an analysis of new federal data prepared by the Associated General Contractors of America. Association officials pointed to an industry-wide commitment to improving workplace safety as a key reason for the safety improvements.

“This industry has made safety a top priority in good times and bad, and the new data shows those efforts are helping save lives,” said Stephen E. Sandherr, the association’s chief executive officer. “But even one fatality is too many, which is why this data also serves as a somber reminder of the work that still needs to be done.”

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