Corey Setterlund | Marshall Dennehey Greenaker v. Universal Prop. & Cas. Ins. Co., Case No. 2D2024-1964, (Fla. 2nd DCA May 8, 2026). The plaintiffs filed a breach of contract suit against Universal for refusal to pay for all of plaintiffs’ damages from a storm in November 2020. Universal filed a motion in limine to prevent the… Continue reading Court Reaffirms That Actual Cash Value Includes Labor and Overhead, Not Just Materials
Month: July 2026
The Ensuing-Loss Doctrine and Defective Work Exclusions: Recent Case Law and the Impact on Commercial Property Insurance Claims
Mackenzie Moy | Zelle Commercial property and builder’s risk disputes involving defective work continue to generate significant disputes and litigation. One of the most consequential battlegrounds remains the interpretation and application of the “ensuing loss” (or “resulting loss”) clause. For claims professionals and coverage counsel alike, understanding how courts interpret these provisions is essential to… Continue reading The Ensuing-Loss Doctrine and Defective Work Exclusions: Recent Case Law and the Impact on Commercial Property Insurance Claims
Why Arbitration Works: Structure, Flexibility, and Expertise
Kendal Enz | American Arbitration Association Arbitration is often resolved more quickly than litigation, but what about the process makes this possible? According to Carol E. Heckman, a former judge, partner at Lippes Mathias, and an American Arbitration Association® arbitrator, the answer lies in arbitration’s structure, its flexibility, and the role experienced neutrals play in… Continue reading Why Arbitration Works: Structure, Flexibility, and Expertise
Can Claimants Avoid Arbitration by Adding Non-Signatory Defendants?
Aceris Law Arbitration clauses are not always challenged directly. Often, the challenge is more subtle: a claimant brings court proceedings against both the contractual counterparty and an additional defendant who never signed the arbitration agreement, i.e., a non-signatory or third party. The question then becomes whether that party structure is enough to keep the dispute in… Continue reading Can Claimants Avoid Arbitration by Adding Non-Signatory Defendants?
Arbitration Clauses Are Not Boilerplate
Kirsten Wolmarans | Webber Wentzel Most people involved in negotiating, delivering or managing an energy or infrastructure project will never read the 2026 Arbitration Rules of the International Chamber of Commerce (the 2026 ICC Rules). They may not need to. But they do need to understand what their dispute resolution clause does when something goes wrong. The… Continue reading Arbitration Clauses Are Not Boilerplate