Derrick A. Denis and Paul Anderson | J.S. Held Introduction: Protecting Buildings with the Right Moisture Detection Tools Water does not wait. A small leak behind a wall or above a ceiling can quietly soak insulation, drywall, and flooring. If it is not found and fixed quickly, that moisture can lead to mold, odors, staining,… Continue reading Moisture Mapping vs. Thermal Imaging vs. Hygrometers for Water Intrusion
Category: Property Damage
Sixth Circuit Enforces First-Party Property Policy’s Flood Exclusion for Flood Damage Caused by Eight Inches of Rain
Roben West | Carlton Fields In Express Jewelry Enterprises Inc. v. National Fire Insurance Company of Hartford, the Sixth Circuit Court of Appeals found that a flood exclusion precluded coverage for property damage following a night of heavy rains. The basement of a jewelry store in Dearborn, Michigan, was inundated with high water after the city experienced… Continue reading Sixth Circuit Enforces First-Party Property Policy’s Flood Exclusion for Flood Damage Caused by Eight Inches of Rain
The Gross Disproportionality Exception to Construction Damages
John Mark Goodman and Joe Mack Curry II | BuildSmart The usual measure of damages for breach of a construction contract is the cost to repair the defects or finish the incomplete work. But what if the cost to repair or compete is grossly disproportionate to the value that the additional work would create? In that… Continue reading The Gross Disproportionality Exception to Construction Damages
What’s the Rush? When Repairs Are Not “Improvements” in Minnesota
Gus Sara | The Subrogation Strategist In Haire-Cochran v. 24 Restore, Inc., No. A25-1206, 2026 Minn. App. LEXIS 153, the Court of Appeals of Minnesota (Court of Appeals) addressed whether construction work performed after a fire loss to a property constituted an “improvement to real property” under Minnesota Statute of Limitations, section 541.051, subdivision 1(a). The… Continue reading What’s the Rush? When Repairs Are Not “Improvements” in Minnesota
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