What to Do When Your Insurance Carrier Says No: How to Protect Yourself from Coverage Denials
Join Partner Larry Mason as he lays a foundation for addressing builder’s risk claim challenges through an exploration of common losses, an overview of the available insurance coverage, an examination of delay damages, and a...more
In BCC Partners, LLC v. Travelers Prop. Cas. Co. of America, 2024 WL 1050117 (E.D. Mo. March 11, 2024), the Court determined that the plaintiff property owner, as an additional insured, was not entitled to the same insurance...more
In a case of first impression, the United States District Court for the District of Columbia (applying Illinois law) rejected a LEG3 exclusion as ambiguous. See S. Capitol Bridgebuilders “SCB” v. Lexington Ins. Co., 2023...more
This article is a tool for stakeholders involved in infrastructure projects. It conveys knowledge about the complexities of builder's risk claims, offering insights into risk management strategies, good practices, and the...more
Perfecting the Formula for Builder’s Risk Claims Management- A builder’s risk (BR) claim is a type of insurance claim that arises during construction. A BR insurance policy is meant to protect property and construction...more
Illinois Appellate Court Holds that Insurer May Subrogate to the Rights of an Additional Insured Based on a Contractual Right to Subrogation and that Equitable Subrogation Principles Do Not Apply - In a recently decided...more
Builders risk policies are a key component to a construction professional’s risk management program. These policies protect owners and construction professionals from losses arising from unexpected events such as fire or...more
Loyal readers of this blog may recall our recent analysis of Norwegian Hull Club v. North Star Fishing Co., an insurance coverage dispute that appeared likely to turn on the meaning of a blank space in a very large builder’s...more
Insurance coverage disputes often turn on the meaning of the specific words used in a policy. Norwegian Hull Club v. North Star Fishing Co., currently pending in the U.S. District Court for the Northern District of Florida,...more
Measuring delay from a loss under a builder’s risk insurance policy is perhaps the most complicated of all time element measures in the claims world. Setting aside the numerous complex issues of coverage, builders risk time...more
With interest rates on the rise, sticky inflation, few signs of a cooling labor market, and continued instability in Russia, China and beyond affecting energy prices and exports, the builder's risk insurance industry is in...more
In May of this year, the Supreme Court of Wyoming held that a subsidiary of Sinclair Oil could invoke statutory bad faith damages after prevailing in a coverage dispute with its insurer, Infrassure. The court rejected the...more
Dear YouDig? We are thrilled to be adding a four story children’s wing to our hospital. Construction was progressing well and near completion. Last week a blizzard with sub-zero temperatures blew through. When we returned...more
Robinson+Cole’s Construction Group is pleased to bring you a recap of posts from our Construction Law Zone blog. As we continue to follow developments and trends in all areas of construction law and share our insights on...more
The United States District Court for the District of Massachusetts has provided construction project owners, developers, general contractors, sub-contractors, suppliers, and vendors with a helpful reminder about obtaining...more
In Factory Mut. Ins. Co. v. Skanska United States Bldg., No. 18-cv-11700-DLC, 2020 U.S. Dist. LEXIS 95403 (Skanska), the United States District Court for the District of Massachusetts considered whether contractors on a...more
States, counties and municipalities have issued “stay at home,” “shelter-in-place,” and other orders relating to COVID-19. Many orders require the suspension of non-essential construction projects. The orders typically have...more
In view of the current coronavirus epidemic, what are the implications of material supply chain disruptions and labor unavailability resulting from the epidemic under typical building construction contracts? Although the...more
Join Cohen Seglias’ Construction Contracts & Risk Management Group for their 2020 webinar series. You expect your insurance carrier to provide coverage when a claim is made against your company. However, coverage denials...more
You expect your insurance carrier to provide coverage when a claim is made against your company. However, coverage denials frequently occur and take companies by surprise. In this webinar, Jonathan Cass will discuss how to...more
When does an excluded loss end and a covered “resulting loss” begin? This thorny question was the subject of a recent decision out of the Southern District of Texas, EMS USA, Inc. v. The Travelers Lloyds Insurance Co., No....more
• Catastrophic storms such as Hurricane Harvey and Hurricane Irma invariably cause property damage, schedule delays and other "soft costs" when they hit during a project's construction. • Owners and contractors engaged in...more