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Insurance Industry Contractors

Phelps Dunbar

New Florida Law May Spur Changes in Builder Insurance and Liability

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Starting July 1, Florida law will require builders of newly constructed homes to provide a mandatory 1-year warranty against material construction defects. The new statute, Section 553.837, Florida Statutes, establishes...more

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

Cozen O'Connor

Court Denies Developer Insurance Coverage to Repair Defective Construction

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In Curtis Park Group, LLC v. Allied World Specialty Insurance Company (2024 WL 5194886 (10th Cir. 2024)), the U.S. Court of Appeals for the Tenth Circuit determined that an insured real estate developer could not recover the...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

Stoel Rives LLP

Mitigate Risk with a Construction Project Insurance Checkup

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As we approach the end of 2024, prudence dictates a checkup on one of the most critical risk management tools for developers, builders and designers – insurance. With multiple acronyms out there such as OCIP, CCIP, OPPI, GL,...more

Adams & Reese

Florida Launches “Check My Contract” Program in Wake of Hurricane-Related Insurance Claims

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In a proactive move aimed at protecting property owners, the Florida Department of Financial Services (DFS) has launched what it refers to as its “Check My Contract” program. This initiative is geared towards residential and...more

Adams & Reese

Florida Courts Disagree on Contractor’s License Requirements for Disaster Recovery Tasks

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On the heels of a record-breaking three hurricanes making landfall in Florida in 2024 – Debby, Helene, and Milton – disaster recovery is obviously a hot topic as residents and business owners work to recover from the...more

Kennedys

Recent First Department decision revisits duty of care and common law negligence

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The Appellate Division of the State of New York, First Department recently reversed a lower court decision, holding that a subcontractor did not owe a duty of care to a plaintiff working on a jobsite and therefore, determined...more

Goldberg Segalla

Rise of Transportation Contractors Leading to Complex Coverage Litigation

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The post-Covid influence over the “gig economy” has led to an expansion of self-employed or by-the-job employed individuals in the delivery and transportation industry. CDL jobs have proven they are not immune to this...more

White and Williams LLP

Not a Waiver for All: Maryland Declines to Apply Subrogation Waiver to Subcontractors

In Lithko Contr., LLC v. XL Ins. Am. Inc., No. 31, Sept. Term, 2023, 2024 Md. LEXIS 256, the Supreme Court of Maryland considered whether a tenant who contracted for the construction of a large warehouse facility waived its...more

Ward and Smith, P.A.

Risk Reduction Strategies for Construction Contractors in North Carolina

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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

Smith Debnam Narron Drake Saintsing & Myers,...

Five of the Most Common Construction Disputes that Require Construction Lawyers

Construction projects are often complex endeavors involving multiple parties, intricate contracts, and significant investments. Despite meticulous planning, disputes can arise, posing challenges that require legal expertise...more

Woodruff Sawyer

Construction Insurance Market Update | 2024 Mid-Year Update

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Amidst the evolving construction insurance landscape, our mid-year update offers timely insights for industry stakeholders. This mid-year update provides highlights on: Forecasted construction spending in the US How...more

Cozen O'Connor

Texas Supreme Court Rejects Free Speech and Due Process Challenges to Public Adjuster Regulations

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A roofing contractor called Stonewater Roofing, Ltd. (Stonewater) challenged a Texas statute regulating public adjusters' conduct on the basis that the statute violates free speech and due process rights under the First and...more

Bradley Arant Boult Cummings LLP

Breach vs. Default — What’s the difference?

The words breach and default are often used interchangeably to indicate that somebody hasn’t done what they were legally required to do. According to Black’s Law Dictionary, the words do appear somewhat interchangeable. ...more

Cohen Seglias Pallas Greenhall & Furman PC

PA Supreme Court to Decide Scope of Payment Bond Sureties’ Liability in Eastern Steel Constructors, Inc. v. International Fidelity...

The Pennsylvania Supreme Court has agreed to hear an appeal of the case Eastern Steel Construction, Inc. v. International Fidelity Insurance Co., in which the Pennsylvania Superior Court clarified the claims that a...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - January 2024

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Second Circuit Holds That Malpractice Insurer Has No Duty to Defend or to Indemnify Lawyer Because Of Business Enterprise Exclusion- Associated Industries Insurance Company sued its insureds, a lawyer, and his former law...more

Woodruff Sawyer

Construction Insurance Market Update: Rate Consistency for Most Lines

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Despite a slowing economy and continuing supply chain issues, rates in most lines of coverage for construction companies are showing signs of stabilization. Even cyber, which had some of the highest increases last year,...more

Davis Wright Tremaine LLP

Oregon Court of Appeals Analyzes Insurance Coverage Issues in Construction Dispute

In Twigg v. Admiral Insurance Co.,[1] the Oregon Court of Appeals recently resolved an insurance coverage dispute arising out of a construction project. Two homeowners hired a contractor to build a new home. The homeowners...more

Pillsbury - Policyholder Pulse blog

Subrogation 101 (and Why Should I Care?)

What is subrogation? Why am I being asked to waive it? Should I care? To answer that last question, let’s take a quick run at the first two. What Is Subrogation? “Subrogation” refers to the act of one person or party standing...more

Snell & Wilmer

A Recent Oregon Court of Appeals Decision Bears on Insurance Coverage for Repair of Construction Defects

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In a February 15, 2023 decision in Twigg v. Admiral Insurance Company, the Oregon Court of Appeals held that an insurance company was not required to indemnify its insured based on a claim for breach of a repair agreement...more

Perkins Coie

Texas Supreme Court Strengthens Additional Insured Coverage Rights

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In a recent decision, the Supreme Court of Texas issued helpful guidance to businesses, nonprofits, and individuals seeking coverage as an “additional insured” under policies issued by a business partner. On April 14, 2023,...more

White and Williams LLP

Someone Who Hires an Independent Contractor May Still Be Liable, But Not in This Case

In Allstate Veh. & Prop. Ins. Co. v. Glitz Constr. Corp., 2023 N.Y. App. Div. LEXIS 1180, 2023 NY Slip Op 01171, the Supreme Court of New York, Appellate Division, Second Department (Appellate Court), considered whether a...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - February 28, 2023

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Court Holds That Insurer Was Not Volunteer And May Seek Subrogation From Other Insurer But That Other Insurer’s Policy Is Excess- Walter Breitenbach, who was insured by Adirondack Insurance, struck a pedestrian with his...more

Bradley Arant Boult Cummings LLP

What happens when a “your work” exclusion collides with a “product completed operations” clause in a CGL policy?

A CGL policy typically defines “your work” as the work performed by or on behalf of the insured and the materials, parts, or equipment furnished in connection with such work. “Product-completed operations” coverage usually...more

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