News & Analysis as of

Insurance Claims Construction Industry

Cozen O'Connor

Court Interprets “Completion” of a Project Under Builder’s Risk Insurance

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In Luke, Inc. v. Berkley National Insurance Company, 2025 WL 2210783 (W.D. Tenn. 2025), the United States District Court for the Western District of Tennessee determined that the “completion” of a construction project for...more

Cozen O'Connor

Court Differentiates Faulty and Defective Workmanship from Vandalism or Malicious Mischief

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In Carr v. Spinnaker Insurance Company, the United States Court of Appeals for the Ninth Circuit upheld the district court’s finding that property damage resulting from objectionable and imperfect work performed by an...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

J.S. Held

Using Labor Productivity Analysis to Improve Budget Accuracy and Identify Inefficiencies in Emergency Mitigation Services

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In any process where labor is a significant cost driver, understanding productivity is essential. Labor productivity analysis isn’t just a management buzzword; it’s a practical tool that helps emergency mitigation experts...more

Spilman Thomas & Battle, PLLC

NC Court of Appeals Clarifies How Insurers’ Duties to Defend and Indemnity Are Triggered in Atypical Employment Relationships

The Court of Appeals’ opinion in N.C. Farm Bureau Mut. Ins. Co. v. Young, (No. COA24-594) addresses how a court is likely to assess the duty to defend and the duty to indemnify under an insurance contract, and the interplay...more

Rivkin Radler LLP

May 2025 New York Insurance Coverage Law Update

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Utica National Assurance Company issued a liability policy to Bond Painting Company. Bond’s employee was injured working at a construction project at premises leased by Amazon.com Services Inc. and filed a bodily injury...more

J.S. Held

Challenges to Cost Modelling for Marine-Related Property Claims

J.S. Held on

Marine facilities have evolved into highly developed, complex, vital infrastructure. What were once collections of docks, pavements, warehouses and guard shacks have become complex cities. Modern ports have rail...more

Bradley Arant Boult Cummings LLP

Maintenance Obligations on a 30-Year-Old Project Let an Owner Sidestep Tennessee’s Statute of Repose

In Tri-State Insur. Co. of Minn. a/s/o Campus Chalet, Inc. v. East Tennessee Sprinkler Company, Inc., the Court of Appeals of Tennessee recently addressed whether the state’s four-year statute of repose could shield a...more

Carlton Fields

Texas Appeals Court Finds Project Owner Excluded From Coverage as Claimants’ Statutory Employer

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On April 3, 2025, a Texas state appeals court reversed a trial court order awarding Exxon Mobil $25 million under an umbrella insurance policy issued by Lexington Insurance Co. to Brock Services Ltd. The appeals court found...more

Pillsbury - Policyholder Pulse blog

Insurance Coverage Considerations for Tariff and Trade-Related Losses

Since President Trump took office on January 20, 2025, the administration has implemented significant changes to U.S. trade policy, including most notably with respect to tariffs. Within weeks of taking office, the White...more

J.S. Held

Tariffs and Trade Series: Impact on the Insurance Industry for Construction Claims

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The newly announced tariff policy from the United States has upended expectations for the global economy. The US tariffs are poised to potentially reshape global supply chains, impact regulatory compliance, and pressure...more

Hendershot Cowart P.C.

Your Employee Lawyered Up. Now What? Best Practices for Contractors Following a Worksite Injury

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When a workplace injury occurs at your construction site, the actions you take in the immediate aftermath can significantly impact potential legal consequences, insurance claims, and your business's financial health....more

MG+M The Law Firm

Project-Specific Professional Liability Insurance on Design-Build and Public-Private Partnership Projects in North America: A Path...

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In January 2022 Donovan Hatem LLP (Now MG+M The Law Firm) established a Task Force consisting of professional liability insurance underwriters, brokers, engineers and architects, and lawyers knowledgeable and experienced in...more

Marshall Dennehey

Fourth District Court of Appeal Rules Policy Endorsement Prevails Over Main Policy in Case of Conflict

Marshall Dennehey on

Colony Insurance Company v. Titan Restoration Construction, Inc., Fla. 4th DCA, No. 4D2023-2908, January 8, 2025 - Colony Insurance Company’s insurance policy with the general contracting company, Titan Restoration...more

Miles Mediation & Arbitration

Trending Issues in Florida Construction Law: Issues for Attorneys to be Aware of

Given the nature and complexity of construction projects, it’s not surprising that construction law is an ever-evolving amalgamation of federal, state, and local laws, rules, and regulations. Construction cases often include...more

Marshall Dennehey

Adequate Notice Requires More Than Delivery of a Policy

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A December 31, 2024, decision from the Supreme Court of Idaho found that adequate notice to an insured required more than the delivery of a policy and, due to the insurer’s failure to do so, coverage under a pre-existing...more

Zelle  LLP

Federal District Court Holds Engineer Is Qualified Enough, and His Methods Are Reliable Enough, to Testify to Date Wind and Hail...

Zelle LLP on

In Wings Platinum, LLC v. Westchester Surplus Lines Ins. Co., No. 3:23-CV-2145-D, 2025 WL 391388 (N.D. Tex. Feb. 4, 2025), a federal district court recently held that an engineer with one year and one month of experience...more

K&L Gates LLP

UK Appeal Court Provides Authoritative Guidance on Construction All Risks Insurance Policies

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In the UK Court of Appeal decision in Sky UK Limited and Mace Limited v. Riverstone, authoritative guidance has been provided on certain key principles that apply to Construction All Risks insurance policies....more

Buchalter

Insurance and Reconstruction: A Guide for Property Owners Facing Wildfire Aftermath and Other Disasters

Buchalter on

“This is the worst-case scenario to prepare for,” said Kristan Lund, a meteorologist with the National Weather Service, when talking about the recent wildfires in Los Angeles and the subsequent heavy rainfall....more

Conn Kavanaugh

First Circuit Rules on Important Coverage Issue for Contractors.

Conn Kavanaugh on

First Circuit Court of Appeals Rules That Standard Commercial General Liability Policy Excludes Coverage for Downstream Property Damage When General Contractor’s Scope of Work Covers Entire Building - It is well-accepted...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

Rivkin Radler LLP

New York Insurance Coverage Law Update — Compilation 2024

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An owner, general contractor (GC) and subcontractor (Sub) were sued by injured workers at a construction site, and they were defended by the Sub’s insurer, U.S. Specialty Insurance Company. U.S. Specialty tendered their...more

Woods Rogers

Contractor’s $25M Insurance Claim Waived Because of Untimely Notice to Insurer

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A recent holding in Fairfax County Circuit Court reinforces the importance of contractors giving timely claim notice to their insurers. The case, St. Paul Fire and Marine Ins. Co. v. HITT Contracting, Inc., decided on...more

Robinson+Cole Construction Law Zone

Suit Limitation Provisions in New York

New York law generally enforces a contractual suit limitation that specifies a “reasonable” period of time (usually shorter than the applicable statute of limitations) within which an action must be commenced. The contractual...more

Rivkin Radler LLP

December 2024 Insurance Update

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There’s been plenty of litigation over whether construction defect claims qualify for coverage under a CGL policy. This month, we discuss two federal circuit court rulings (First and Seventh Circuits) that reach opposite...more

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