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contributory negligence |
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Noting the trend, in its circular announcing the current ISO additional insured endorsement last year (CG2010 0704), ISO stated: "Because the phrase 'arising out of' has been interpreted broadly by some courts, we are revising several of the additional insured endorsements to add specific language to provide an additional insured with coverage for their vicarious or contributory negligence only. Should mold occur at any time after construction completion, the developer may claim contributory negligence. The court found that the prisoner's contributory negligence, by failing to tell his unit officer that he was entitled to a bottom bunk, was the proximate cause of his injuries. |
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