News & Analysis as of

Real Estate Development Insurance Litigation

Schwabe, Williamson & Wyatt PC

OP-ED: How to Repair Landslides‎—One Insurance Policy at a Time

If a landowner receives a government order to clean up a landslide on their property, who should pay for it — the property owner or their liability insurer? About 20 times per year, the city of Portland issues an order to...more

Foley & Lardner LLP

Eighth Circuit Affirms Summary Judgment to Insurer in Dispute with Construction Project Owner Over Lost Rental Income

Foley & Lardner LLP on

On Monday, June 9, 2025, the Eighth Circuit Court of Appeals ruled that a Missouri real estate developer could not recover insurance proceeds for lost rental income arising out of a retaining wall failure that caused delays...more

Carlton Fields

A Bridge Too Far: Pennsylvania Federal Court Declines to Extend Coverage Beyond Policy’s Plain and Unambiguous Terms

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It’s apt to name a blog post after one of history’s great action movies when the case involves a “conceptual artillery duel” that “ends in a draw,” and that is exactly how U.S. District Judge Gerald Austin McHugh Jr. of the...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

Schwabe, Williamson & Wyatt PC

OP-ED: Wading Through Changes: Floodplain Development in Oregon

As we enter what we hope will be a bountiful new year, 2025 may prove to be the annus horribilis for floodplain development in Oregon. Due to recent litigation concerning FEMA’s National Flood Insurance Program (NFIP), as of...more

Bilzin Sumberg

Will Construction Insurance Costs Kill Florida’s Real Estate Boom?

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The cost of construction insurance in Florida is having developers second-guess their willingness to invest in the Sunshine State, while business leaders are growing concerned that higher insurance costs may slow Florida’s...more

Sheppard Mullin Richter & Hampton LLP

A Potential Big Win for Real Estate Developers in Illinois: CGL Coverage for Property Damage from Defective Work

Illinois may have just opened a new door for developers and owners for insurance coverage when it comes to defective construction work and commercial general liability (“CGL”) coverage. Based on the recent Illinois Supreme...more

Perkins Coie

Illinois Supreme Court Issues Landmark Construction Insurance Coverage Ruling

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In Acuity v. M/I Homes of Chicago, the Illinois Supreme Court overturned years of lower court precedent and established that “property damage” in the context of construction defect or faulty workmanship claims exists...more

Cozen O'Connor

Eleventh Circuit Reaffirms Exception to the ‘Four Corners’ Rule for Determining an Insurer’s Duty to Defend

Cozen O'Connor on

As a general rule, an insurer’s duty to defend arises under Florida law when the allegations of the complaint against the insured “fairly and potentially bring the suit within policy coverage.” Jones v. Fla. Ins. Guar. Ass’n,...more

Cozen O'Connor

Texas Federal Court Holds that Named Storm Deductible Applies Even in the Absence of Wind Damage

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Judge Nancy Atlas of the Southern District of Texas cut through competing arguments to resolve a high-profile dispute involving a Hurricane Harvey claim through Contract Interpretation 101....more

Carlton Fields

Look Beneath The Surface: No Coverage For DC Row House Collapse Under Builder’s Risk Policy

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The interpretation of a property insurance policy may seem like a dull endeavor, but courts sometimes face fundamental questions about what words mean, or how we conceptualize cause and effect. In Taja Investments LLC v....more

Carlton Fields

Altman Contractors V. Crum & Forster: Florida Supreme Court Answers The 11th Circuit’s Certified Question In The Affirmative

Carlton Fields on

In Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., 832 F.3d 1318 (11th Cir. 2016), the Eleventh Circuit certified the following question to the Florida Supreme Court: "Is the notice and repair process set forth...more

Hogan Lovells

UK: AIG Europe Limited v Woodman and others

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Earlier this week, the Supreme Court overturned the Court of Appeal’s judgment in AIG Europe Limited v Woodman and others UKSC 2016/0100, ruling on how claims arising from similar acts or omissions in a series of related...more

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