Thomas Dawson | McDermott Will & Schulte Following the wildfires of recent years, many states west of the Mississippi River have considered (and multiple states have now adopted) legislation to limit the liability of utilities for bodily injury and property damage caused by wildfires that might have been ignited by utility-owned equipment. Most commonly, legislation… Continue reading The Fires Next Time: State Wildfire Liability Limitations for Utilities
Category: Insurance
AI Isn’t the Future of Claims. It’s the Present
Jim Sorrells | Risk & Insurance Delaying adoption creates real competitive risk, widening gaps in severity management, settlement outcomes, expense control, workforce productivity, and market credibility. AI maturity is increasingly separating leaders from followers. There is a persistent misconception in claims that artificial intelligence (AI) represents the future of the industry. That belief exists largely… Continue reading AI Isn’t the Future of Claims. It’s the Present
Up in Smoke: A Cautionary Tale of the Economic Loss Rule
Brandon R. Clark | Saul Ewing In Mid-Century Ins. Co. v. HIVE Constr., Inc., 2025 CO 17, 567 P.3d 153, the Supreme Court of Colorado denied an insurer, as subrogee, damages in tort for its willful and wanton conduct after a contractor’s deliberate deviation from architectural design plans led to a restaurant fire and significant damages… Continue reading Up in Smoke: A Cautionary Tale of the Economic Loss Rule
General Conditions: How They Are Evaluated in a Builder’s Risk Claim
Melissa Impastato, Megan Rac and Matt Weismuller | J.S. Held Overview When there is a change in project scope or work duration, a general contractor or construction manager typically claims additional general conditions. These costs are developed in one of several ways: (1) as a percentage of the total cost of a change order, (2)… Continue reading General Conditions: How They Are Evaluated in a Builder’s Risk Claim
No Restarting the Clock: Reinvestigating and Reaffirming Denial Does Not Affect a Valid Contractual Suit Limitations Period
Shannon O’Malley | Zelle This is a regular occurrence: an insured makes a claim for damage to its property, the damage is investigated and the insurer finds no evidence that an insured peril caused damage to the property. A year or so later, the insured comes back with a public adjuster, or lawyer, or engineer… Continue reading No Restarting the Clock: Reinvestigating and Reaffirming Denial Does Not Affect a Valid Contractual Suit Limitations Period