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Appeals Construction Project Insurance Claims

Carlton Fields

Eighth Circuit Finds No Coverage Under “Ensuing Loss” Provision Under Arkansas Law

Carlton Fields on

“Ensuing loss” provisions have long been the subject of nuanced arguments in insurance litigation. The provisions, which sometimes afford coverage for a “covered loss” stemming from an expressly excluded peril, serve as...more

White and Williams LLP

Construction Projects and Subrogation: Timing is Everything

White and Williams LLP on

In American Fam. Ins. Co. v. NB Elec., Inc., No. A24-0377, 2025 Minn. App. LEXIS 12, the Court of Appeals of Minnesota (Court of Appeals) considered whether an insurer’s subrogation action was time barred under Minnesota’s...more

Cozen O'Connor

Free Ride on RCV? Not So Fast!

Cozen O'Connor on

Most property insurance policies condition the payment of replacement cost value (RCV) on the property first being replaced or repaired, and courts typically enforce that requirement. ...more

Troutman Pepper Locke

Supreme Court Of Minnesota Holds Ventilator Motor Incorporated Into A Home’s HVAC System Qualifies As “Machinery” Excepted From...

Troutman Pepper Locke on

Great N. Ins. Co. v. Honeywell Int’l, Inc., No. A16-0997, 2018 Minn. LEXIS 236 (May 9, 2018) - This case arises out of a residential construction project and the installation of ventilators into a home’s HVAC system. ...more

Troutman Pepper Locke

Applying Florida’s “Eight Corners Rule,” Eleventh Circuit Finds that Insurer Has a Duty to Defend Claim That Insured’s Faulty...

Troutman Pepper Locke on

Addison Ins. Co. v. 4000 Island Blvd. Condo. Ass’n, 2017 U.S. App. LEXIS 26870 (11th Cir. Dec. 28, 2017) - The owner of a high-rise condominium building in Florida hired a contractor to replace the building’s concrete...more

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