Advise & Consult, Inc. A recurring issue in property insurance litigation warrants closer attention. Policyholders—and at times their representatives—often believe they understand the cause of a loss. The sequence of events appears to align. The damage is evident. The explanation seems reasonable. However, in litigation, outcomes are not determined by what appears logical. They are… Continue reading Property Insurance Claims and How to Prove Causation
Category: Insurance
From Builder’s Risk to Builder’s Opportunity
Drew Olsen and Ben Woolley | Delta Consulting Group Builder’s risk insurance is something property owners and contractors hope they never need to rely on, but when losses occur, it can mean the difference between a project reaching successful completion and one abandoned in dispute. When losses occur, the coverage is frequently viewed as a… Continue reading From Builder’s Risk to Builder’s Opportunity
The Fires Next Time: State Wildfire Liability Limitations for Utilities
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
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