News & Analysis as of

Insurance Claims Construction Project Property Insurance

Cozen O'Connor

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

Cozen O'Connor on

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

J.S. Held

A Comprehensive Guide to Substantial Structural Damage: Criteria, Repairs, and Code Compliance

J.S. Held on

Introduction: Substantial Structural Damage and Its Impact on Building Repairs - Substantial structural damage (SSD) is a defined term within the International Code Council (ICC) building code library, which assesses the...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - August 2023

Rivkin Radler LLP on

Employees of a subcontractor were injured on a construction project, and they sued the owner and the general contractor. The subcontractor’s excess insurer, Mt. Hawley Insurance Co., disclaimed additional insured coverage to...more

Butler Weihmuller Katz Craig LLP

Recent Changes In Florida's Property Insurance Law For Admitted And Surplus Lines Insurers: The Basics Of What You Need To Know

Hours before the close of Florida’s 2021 annual legislative session, the Florida Legislature passed SB 76, legislating wide changes to the handling and litigation of property insurance claims.  The bill affects both admitted...more

Cozen O'Connor

New Texas Laws Take Aim at Common Practice in Storm-Related Repairs

Cozen O'Connor on

Texas policyholders can no longer cut deals with storm repair contractors to pocket their deductibles for storm repairs.  The Texas Legislature has amended the Texas Insurance Code and Texas Business & Commerce Code,...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

Butler Weihmuller Katz Craig LLP

Court Finds AIA Subrogation Waiver Inapplicable; Appeal Pending

In Liberty Mutual Fire Insurance Co. v. Fowlkes Plumbing LLC, 17-cv-010-GHD-DAS, 2018 WL 842169 (N.D. Miss. Feb. 12, 2018), the District Court for the Northern District of Mississippi held that the subrogation waiver of...more

Butler Weihmuller Katz Craig LLP

A Primer on Florida's "25 Percent Rule" for Roof Repair/Replacement

The 2014 Florida Existing Building Code (the “Code”) contains what is conventionally called the “25 percent rule” (the “Rule”). The Rule applies to roof repair of any commercial or residential building. In a nutshell, the...more

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