Federal District Court Addresses Material Misrepresentation in First Party Property Damage Claim

James M. Eastham | Traub Lieberman In Pittsfield Dev. LLC v. Travelers Indem. Co., 2024 U.S. Dist. LEXIS 117530 (N.D. Ill. July 3, 2024), the United States District Court for the Northern District of Illinois addressed an alleged material misrepresentation by an insured during the course of the adjustment of a water loss claim at… Continue reading Federal District Court Addresses Material Misrepresentation in First Party Property Damage Claim

D.C. Circuit Tackles Ensuing Loss Clause and Finds Coverage Under Builders Risk Policies

Heather Howell Wright | It Pays to Be Covered In construing policies that covered loss “caused by or resulting from water damage” but excluded coverage for loss caused by “dampness of atmosphere” or by “[e]xtremes or changes in temperature,” the United States Court of Appeals for the District of Columbia recently preserved coverage under an… Continue reading D.C. Circuit Tackles Ensuing Loss Clause and Finds Coverage Under Builders Risk Policies

Water Alone is Not Property Damage under a CGL policy in Connecticut

Bill Wilson | Construction Law Zone The Connecticut Appellate Court recently provided guidance on what does not constitute property damage under a typical contractor’s Commercial General Liability (CGL) insurance policy in Westchester Modular Homes of Fairfield County, Inc. v. Arbella Protection Ins. Co., 224 Conn App. 526 (2024). In this case, the contractor defended construction defect… Continue reading Water Alone is Not Property Damage under a CGL policy in Connecticut

A Potential Big Win for Real Estate Developers in Illinois: CGL Coverage for Property Damage from Defective Work

Michael Roth and Lauren Stewart | Sheppard Mullin Richter & Hampton Listen to this post Illinois may have just opened a new door for developers and owners for insurance coverage when it comes to defective construction work and commercial general liability (“CGL”) coverage. Based on the recent Illinois Supreme Court ruling in Acuity v. M/I Homes… Continue reading A Potential Big Win for Real Estate Developers in Illinois: CGL Coverage for Property Damage from Defective Work

Protect Projects From Higher Repair Costs and Property Damage

Michael Teng | Construction Executive The cost of risk—and mitigating it—has increased in construction. It’s a trend that mirrors economic headwinds that are expected to continue in 2024. Every aspect of a jobsite costs more today, from materials and labor to tools and equipment. Take construction input costs for example. While relatively flat in 2023,… Continue reading Protect Projects From Higher Repair Costs and Property Damage

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