Testing Texas CGL Coverage For 3rd-Party Products

Law360, New York (October 22, 2014, 11:19 AM EDT) -- On Sept. 19, the Fifth Circuit certified four questions to the Texas Supreme Court regarding coverage under a commercial general liability policy in U.S. Metals Incorporated v. Liberty Mutual Group Incorporated, No. 13-20433, 2014 WL 4652892 (5th Cir. Sept. 19, 2014). The questions specifically address the meaning of the terms "physical injury" and "replacement" in two exclusions, the "Your Product" exclusion and "Impaired Property" exclusion, commonly found in CGL policies. The case specifically examines whether damage caused when an insured's defective product is installed and then removed from a third-party's property is covered under the insured's CGL policy....

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