News & Analysis as of

Summary Judgment Mitigation

Zelle  LLP

Holding an Insured to its Duties and Burdens

Zelle LLP on

Once in a while, there is an insurance case that addresses numerous “common” issues and reaffirms the parties’ respective duties in supporting and adjusting claims, promptly making repairs, and mitigating loss. The recent...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wetland Mitigation Credits/Government Contract: Federal Appellate Court Addresses Contractor Request for Equitable Adjustment

The United States Court of Appeals (Federal Circuit) (“Appellate Court”) addressed in an August 26th Opinion a dispute regarding certain costs associated with a Federal Highway Administration (“FHA”) road design and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Soil Excavation/Borrow Material: Federal Appellate Court Addresses Challenge to U.S. Corps of Engineers Mitigation Requirements

The United States Court of Appeals for the Fifth Circuit (“5th Circuit”) addressed in a July 11th opinion a challenge to mitigation requirements imposed by the United States Corps of Engineers (“Corps”) as a condition for...more

Cozen O'Connor

Insurer’s Denial of Mitigation Claim for Extra Costs to Prevent Cancellation of Contract Upheld

Cozen O'Connor on

Many property insurance policies that provide coverage for business interruption losses also include “extra expense” coverage for reasonable and necessary extra costs to temporarily continue as nearly as possible normal...more

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