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Contract Disputes Insurance Industry

Zelle  LLP

Invoking ‘Our Option’ and Preferred Contractor Network Endorsements

Zelle LLP on

Increasing abuses in the claims process have caused insurance companies to rethink the traditional model of sending out cash to pay claims. Far too often, that cash is used for purposes other than fixing damage, with a...more

Wiley Rein LLP

Colorado Court of Appeals Permits COVID-19 Coverage Suit to Proceed Based on Health Care Endorsement Coverage

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The Colorado Court of Appeals (Division VI), applying Colorado law, partially affirmed a trial court decision dismissing an action seeking insurance coverage for COVID‑19 related losses. Spectrum Retirement Communities, LLC...more

Bradley Arant Boult Cummings LLP

Beware Misuse of Related-Claims Deemer Clauses in Claims-Made Policies

The hallmark of a claims-made liability policy is coverage exclusively for claims “first made” during the policy period, thus limiting the insurer’s risk to new claims asserted against the policyholder during a finite time...more

Pillsbury Winthrop Shaw Pittman LLP

What Lessors Need to Know: English High Court Rules on Russian Aircraft Losses

The Judgment addressed joined insurance claims brought by major aircraft lessors whose aircraft and engines were stranded in Russia following the imposition of sweeping Western sanctions and Russian government measures which...more

Weber Gallagher Simpson Stapleton Fires &...

Hard Costs vs. Soft Costs in Builder’s Risk Insurance Policies: A Legal and Practical Guide for Insurance Professionals

Builder’s risk insurance is a cornerstone of effective risk management in the construction industry. It offers protection against a variety of physical and financial risks that can impede the successful and timely completion...more

Conn Kavanaugh

Update Your Construction Contract! Massachusetts Supreme Judicial Court Holds that Breach of Contractual Indemnity Provision is...

Conn Kavanaugh on

Under the Massachusetts statute of repose, tort claims involving improvements to real estate generally must be initiated within six years of the improvement’s opening to use. So, for example, if a worker suffers a jobsite...more

Maison Law

Insurance Bad Faith Claims Following Car Accidents: When and Why They Arise

Maison Law on

Dealing with an insurance company after a car accident can be a real pain. Having to talk to an investigator (after you've already spoken with the police), wait months for a determination, and potentially get denied coverage...more

Lathrop GPM

Colorado Supreme Court Clarifies - a Bit - the Economic Loss Rule

Lathrop GPM on

In a case that could have far reaching implications for business and construction litigation, the Colorado Supreme Court issued an opinion on April 21, 2025, providing some greater clarity on the economic loss rule under...more

Zelle  LLP

Itemized Appraisal Ordered Over Delay and Coverage Dispute Objections: A Shift in the Appraisal Enforcement Paradigm?

Zelle LLP on

In a recent decision, Gray v. Philadelphia Contributionship, 748 F. Supp. 3d 367 (D. Md. 2024), U.S. District Judge James K. Bredar granted a policyholders’ motion to compel appraisal and stayed litigation in a diversity...more

Zelle  LLP

Any is Not All and The Future is Not Now: The Contours of the Cosmetic Damage Exclusion Taking Shape

Zelle LLP on

In Iyengar v. Liberty Insurance Corporation, No. SA-21-CV-1091-FB, 2024 WL 5505300 (W.D. Tex. Dec. 13, 2024), District Judge Biery denied Plaintiffs’ Motion for Clarification regarding Magistrate Judge Bemporad’s...more

Bradley Arant Boult Cummings LLP

Maximizing Recovery on Construction Claims: Don’t Forget Bond Claims, Which Could Exceed the Underlying Claim!

As construction claim lawyers, we are always on the lookout for insurance policies or “bonds” that might satisfy our client’s claim. On federal projects, this includes performance and payment bonds known as Miller Act bonds....more

Gray Reed

Master Service Agreement Imposes a Ceiling on Indemnity Obligations

Gray Reed on

Mr./Ms. Negotiator/scrivener/reviewer of Master Service Agreements: When did you last review your go-to indemnity provision? In light of Century Surety Company v. Colgate Operating LLC., perhaps you should do it now. The...more

Ward and Smith, P.A.

Risk Reduction Strategies for Construction Contractors in North Carolina

Ward and Smith, P.A. on

Today's construction environment demands a lot from contractors who are pulled in multiple directions and whose responsibilities may seem limitless. Beyond performing good work, managing and effectively communicating...more

Vedder Price

Global Transportation Finance Newsletter: April 2024

Vedder Price on

Drafters beware! No assignment clauses vs transfers by operation of law - In Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd1 , the Court of Appeal found that the transfer of rights to an insurer by operation of...more

Adams & Reese

Operation Litigation: Top Tips if Your Business is Threatened with a Lawsuit

Adams & Reese on

We continue to provide legal resources for our military veterans returning to the workplace in our monthly “Vets to Ventures” series. Previously, we have discussed how skills acquired in the military translate into becoming a...more

Farella Braun + Martel LLP

[Webinar] What Nonprofits Need to Know About Landlord-Tenants Relationships and Insurance - September 17th, 3:30 pm - 5:30 pm PT

Real estate is one of the most significant costs for an exempt organization. Furthermore, the laws governing landlord-tenant relationships are complicated, as is a well-designed insurance program. These complexities have been...more

Moore & Van Allen PLLC

Is There a Fix for COVID Business Interruption and Event Cancellations Losses on the Horizon?

Moore & Van Allen PLLC on

The losses sustained by American businesses in the wake of the COVID-19 pandemic will be measured at a level that may never be seen again in our lifetime. On July 30th, the U.S. Bureau of Economic Analysis issued an advance...more

Farella Braun + Martel LLP

[Webinar] Real Estate Webinar Series - Dispute Resolution - September 1st - 3rd, 3:00 pm - 4:00 pm PT

As businesses in the real estate industry grapple with the fallout of the coronavirus pandemic, disputes are on the rise. Understanding your contractual rights early on can help you minimize your litigation risks and exposure...more

McDermott Will & Emery

[Webinar] Navigating Uncertainty In A COVID/Post-COVID World Series | Part One: Proactive Strategies To Implement Now In Order To...

McDermott Will & Emery on

As in-house teams and their outside counsel providers move beyond the early risks and challenges presented by the COVID-19 pandemic, new insights are forming around the next wave of concerns your company should be thinking...more

JAMS

[PODCAST] Resolving Business Interruption Disputes Caused by the Coronavirus (COVID-19)

JAMS on

Business interruption is on the minds of many, especially now as the COVID-19 pandemic has created unprecedented legal and business challenges. In this new podcast from JAMS, two well-respected neutrals with extensive...more

King & Spalding

California Federal Judge Rules Insurer Not Obligated to Pay Los Angeles Hospital’s $42 Million Settlement and Investigation Costs...

King & Spalding on

On February 12, 2019, U.S. District Court Judge Stephen V. Wilson dismissed a suit brought by Pacific Alliance Medical Center (PAMC) alleging, among other counts, breach of contract against its insurer for failure to cover...more

Bradley Arant Boult Cummings LLP

Endorsement Read to Require Privity of Contract between Policyholder and Additional Insured to Extend Coverage - Construction and...

A recent New York case highlights the importance of thoroughly analyzing all contract language in minimizing project risk. In Gilbane Bldg. Co./TDX Construction Corp. v. St. Paul Fire & Mar. Ins. Co., the Court of Appeals of...more

Carlton Fields

Northern District Of New York Allows Evidence That Follow The Fortunes Or Follow The Settlements Provision Could Be Implied In...

Carlton Fields on

Munich Reinsurance America, Inc. and Utica Mutual Insurance are headed to a bench trial in the United States District Court for the Northern District of New York in a case regarding two facultative reinsurance certificates...more

K&L Gates LLP

OnRisk: Arbitration Provisions in Insurance Policies

K&L Gates LLP on

In this episode of OnRisk, Carolyn Branthoover and Sarah Turpin talk about the increasing frequency of arbitration clauses in insurance policies, the enforceability of arbitration agreements in both the U.S. and in the UK,...more

Bradley Arant Boult Cummings LLP

5 Best Practices For Minimizing Rescission Risk

Recent court decisions across a variety of industries highlight the importance of submitting accurate and complete insurance applications and renewals. When submitting an insurance application, the applicant should accurately...more

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