Jason Taylor | Traub Lieberman In Bob Robinson Commercial Flooring Inc. v. RLI Ins. Co., No. 23-2531 (8th Cir. Mar. 19, 2025), the Eighth Circuit Court of Appeals had occasion to determine whether an exception to property insurance exclusions known as the “ensuing loss clause,” applied to faulty work of the insured’s subcontractor. By way of… Continue reading Eighth Circuit Finds that “Ensuing Loss” Clause Does Not Restore Coverage for Faulty Subcontractor Work
Category: Insurance
Retroactivity, Appraisal, and Interpleader: Navigating Florida’s Bad Faith Reforms After Cindy Vo v. Scottsdale
Tiffany Bustamante and Nicole Connors | Cozen O’Connor Introduction The 2023 amendments to Florida Statute § 624.155, enacted through HB 837, significantly reshaped the landscape of bad faith litigation in Florida. Among the most consequential changes were the additions of two key provisions—§§ 624.1551 and 624.155(6)—both aimed at providing insurers with clearer procedural guidance and… Continue reading Retroactivity, Appraisal, and Interpleader: Navigating Florida’s Bad Faith Reforms After Cindy Vo v. Scottsdale
Replacement Cost Insurance Coverage in Turbulent Times
Charles P. Edwards | Barnes & Thornburg After the wildfires in Los Angeles, extreme weather events throughout the United States, and recently enacted tariffs, it seemed like a good time to revisit the calculation of replacement cost under policies insuring against loss or damage to property. The concept of replacement cost — sometimes referred to… Continue reading Replacement Cost Insurance Coverage in Turbulent Times
Understanding the Resilience and Recovery of Wildfire Survivors
John E. Putnam | IRMI Post-wildfire destruction visuals show only the tip of the iceberg. The hidden image is the many residents who have lost everything and are now faced with the daunting task of rebuilding not only their physical properties but also their emotional health after such a devastating event. Generally, insurance agents and… Continue reading Understanding the Resilience and Recovery of Wildfire Survivors
Smoke and Soot Constitute Direct Physical Loss
Tred R. Eyerly | Insurance Law Hawaii The federal district court found that smoke and soot contamination rendered the property unfit for normal use, meeting the standard for “direct physical loss” under the policy language for recovery of business income. Bottega, LLC, et al. v. National Surety Corporation-Chicago, Il, 2025 U.S. Dist. LEXIS 5666 (N.D. Cal. Jan.… Continue reading Smoke and Soot Constitute Direct Physical Loss