John Canepa, Sr. | Woodruff Sawyer “Highly protected risk” (HPR) is an insurance industry term referring to a risk that has been controlled and managed through various measures. The International Risk Management Institute describes a as one that is subject to a much lower than normal probability of loss. This could be by virtue of… Continue reading Implementing “Highly Protected Risk” Programs Will Lower Property Insurance Costs
Category: Insurance
Lead Paint Litigation Raises Coverage Questions for Policyholders
Robert Tugander | Rivkin Radler State and local governments have been pursuing “public nuisance” claims against companies responsible in some way for societal problems. We’ve seen cases against manufacturers and distributors of guns, lead paint and opioids. And this theory is being tested in climate change cases against energy companies. As new legal theories and… Continue reading Lead Paint Litigation Raises Coverage Questions for Policyholders
Awarding Insurer Summary Judgment Before Discovery Completed Reversed
Tred R. Eyerly | Insurance Law Hawaii The Florida Court of Appeal reversed the trial court’s awarding of summary judgment to the insurer because discovery was not completed. Sacramento v. Citizens Prop. Ins. Corp., 2022 Fla. App. LEXIS 4292 (Fla. Ct. App. June 22, 2022). The insured filed a claim under the… Continue reading Awarding Insurer Summary Judgment Before Discovery Completed Reversed
Surety Liability Under the False Claims Act
Edward V. Arnold | Seyfarth The federal Miller Act requires government construction contracts over $100,000 to be bonded. This process involves insurance companies, known as “sureties,” who issue payment or performance bonds to contractors, who in turn furnish the required bonds to the federal government. The bonds guarantee that the contractor will comply with the… Continue reading Surety Liability Under the False Claims Act
“That’s a Wrap!” How Wrap-Up Insurance Policies Have Streamlined Construction Defect Litigation
Michael P. Zech | Koeller Nebeker Carlson & Haluck Construction defect litigation was traditionally slow-moving, contentious, and costly for several reasons. First, the sheer number of parties—the property owner, the general contractor, and many subcontractors—typically involved in the litigation made prompt and efficient resolution difficult. With so many parties having various interests that sometimes aligned… Continue reading “That’s a Wrap!” How Wrap-Up Insurance Policies Have Streamlined Construction Defect Litigation