The Duty to Cooperate Under a Liability Policy
AI Talk With Juliana Neelbauer - Episode Two - Cybersecurity Insurance: The New Frontier of Risk Management
Law School Toolbox Podcast Episode 388: Listen and Learn – Policy Exclusions (Evidence)
Nonprofit Basics: Insurance Coverage for the New Nonprofit
Tax Liability Insurance Products: A Hidden Gem in the Transactional Lawyer’s Tool Box
Asset Protection 101: Are You and Your Family Protected from Litigation, Creditors, and Divorce?
Subro Sense Podcast - Considerations In Fixed Funds/Limited Pool Scenarios
JONES DAY PRESENTS®: Insurance Implications of the California Consumer Privacy Act
Prior & Pending Litigation
Artificial Intelligence will impact construction in ways that are both predictable and unexpected. Similar to technologies such as Building Information Modeling (BIM) and GPS, the use of AI hopes to make construction safer,...more
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
On November 8, 2024, the US Court of Appeals for the First Circuit (the Court) issued a decision in the matter of Admiral Insurance Company, et al. v. Tocci Building Corporation, et al., No. 22-1462 (1st Cir. 2024). The...more
Understanding coverage exclusions in a subcontractor’s commercial general liability insurance policy can be a daunting task. What the insuring language of the policy appears to provide, may be taken away through a policy...more
The frontier for construction project investment continues to grow – not just geographically and technologically – but also structurally, in the legal sense. Both equity and debt investors can employ a variety of complex...more
The growing frequency and ferocity of major weather events and natural disasters have pushed the climate change discussion to the forefront of governments and businesses. Droughts, floods, wildfires, earthquakes, and volcanic...more
Portland’s proximity to Vancouver, Washington, creates opportunities as well as challenges for contractors. Panelists discussed those during a virtual Builder Breakfast event hosted by the Daily Journal of Commerce on...more
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
Reconnect with your peers and key stakeholders from construction companies, public sector, and infrastructure! The Canadian Institute’s 7th Annual Conference on Managing Risk in Construction Contracts & Projects – Eastern...more
Perhaps unsurprisingly, construction market premiums increased in Q1 2022, continuing a consecutive trend that began 18 quarters ago. Previous issues related to COVID-19 were replaced by new challenges, including inflationary...more
Construction contracts at all tiers usually include terms requiring certain types of insurance, and often contain related provisions about indemnity. This “boilerplate” can be important if a job goes south, so here’s a short...more
Every contractor and subcontractor is required to carry liability insurance referred to as Commercial General Liability or “CGL” coverage. These policies are fairly standardized and most people assume that the coverage that...more
The British Columbia Court of Appeal recently held that a professional liability insurance policy provided potentially unlimited coverage, at least in respect of one area of coverage. In Surespan Structures Ltd. v Lloyds...more
Dear YouDig?, We thought we had insurance coverage if a subcontractor screws up. Now we hear that the Ohio Supreme Court says we might not? What is going on? I would never be caught dead without comprehensive insurance. I...more
King Cnty. v. Vinci Constr. Grands Projets/Parsons RCI/ Frontier-Kemper, JV, No. 92744-8, 2017 Wash. LEXIS 743 (July 6, 2017) - King County contracted with three construction firms (collectively, “VPFK”) to construct a...more
On August 9th, in Sirrah Enterprises, L.L.C. v. Wunderlich, the Arizona Supreme Court settled the question about recovery of attorneys’ fees after prevailing on implied warranty claims against a residential contractor. The...more
In negotiating contracts based on the AIA’s widely-used construction industry forms, construction owners and contractors will soon start seeing the AIA’s new seven-page Insurance “Exhibit A,” which requires a more...more
It’s not uncommon for plaintiffs to couch their pleadings in terms that attempt to avoid exclusions in defendants’ liability coverage. The plaintiffs in Bond Safeguard Ins. Co. v. National Union Fire Ins. Co. of Pittsburgh,...more
In Amerisure Mut. Ins. Co. v. Arch Specialty Ins Co., No. 14-20239 (5th Cir. April 21, 2015), a case that applied Texas law, the U.S. Court of Appeals for the Fifth Circuit recently held that the word “expenses,” as used in a...more
The Superior Court of New Jersey, Appellate Division, has issued a very important decision for real estate developers and general contractors whose insurance companies have reserved rights or denied coverage for damage caused...more
The U.S. Court of Appeals for the Eleventh Circuit has issued an important opinion that is good for contractors making claims on general liability policies, and not so good for the insurers issuing those...more
In virtually all public projects (and in many private projects), the owner requires the general contractor to post a performance bond and a payment bond. Recently, in some cases, general contractors have obtained...more
FLORIDA STATE CASES - Employer Liability Policies & Worker’s Compensation – Although decedent-employee’s estate had standing as a judgment creditor to sue the tortfeasor-employer’s liability insurer for breach of...more
Liability insurance policies typically exclude coverage for obligations arising out of the insured’s “assumption of liability in a contract or agreement.” Earlier this year, the Texas Supreme Court took a narrow view of this...more