May 2013 Dec Page
Article of the Month
The impaired property exclusion has had a troublesome path since its birth in 1966. The reason it is so confusing to many people is that its purpose is generally misunderstood. It is supposed to apply when a claim does not involve physical injury to tangible property. However, whenever a claim involves property damage stemming from a named insured's product, the impaired property exclusion also is commonly cited by insurers. As a result, there is no majority or minority standing concerning this exclusion.
The evolution of the exclusion is discussed in The Impaired Property Exclusion of Liability Policies article. Also noted is how the exclusion has fared in the courts. The final part of the discussion provides a checklist of what should be taken into consideration for purposes of determining whether the exclusion is applicable.
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