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The WNJ Appellate Practice Group is one of the State’s premier appellate litigation practices. Our attorneys recently obtained an 8-1 victory in the United States Supreme Court, and have appeared in the U.S. Supreme Court more than 15 times. WNJ has also litigated in nearly every federal Circuit, recently argued in the Michigan Supreme Court, and participated in numerous Michigan Court of Appeals cases. The Appellate Practice Group has repeatedly achieved successful results for both parties and amicus curiae, and has been awarded the Distinguished Brief Award three times in the past four years for filing the most persuasive and scholarly brief in the Michigan Supreme Court. For more information, please visit our website.
  • 7/23/2014
  • COA concludes that contractual exclusion in standard commercial general liability insurance policies only excludes the assumption of the liability of a third party In Travelers Property Casualty Company of American v Peaker Services, Inc., No. 315070, the Court of Appeals addressed the scope of an exclusion found in a standard commercial general liability insurance policy.  This exclusion barred coverage for damages the insured must pay "by reason of the assumption of liability in a contract."  The insurance company argued that this exclusion applied to a claim against an insured for a breach of contract, resulting from machinery that had been improperly calibrated by the insured, causing property damage to a third party.  The insurer contended that, but virtue of the warranties that had allegedly been breached, the insured had contractually assumed its own liability and the exclusion applied.  The Court of Appeals disagreed, finding that the definition of "assumption" as well as the bulk of persuasive authority from other courts all weighed in favor of the conclusion that this exclusion is only triggered by the insured's assumption of the legal obligations or responsibilities of another party.  Thus, because the insured did not contractually assume the liabilities of another party, the exclusion did not apply. 
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