Adam Schnatz and joshua Wilk | Clark Hill Construction projects involve significant financial commitments, complex contractual relationships, extensive project schedules and scopes, creating a breeding ground ripe for disputes. Owners, contractors, subcontractors, architects, and engineers routinely face disagreements involving payment, delays, design issues, change orders, defective work, scheduling impacts, and differing interpretations of contract documents.… Continue reading Constructing Better Outcomes: The Case for ADR Clauses in Construction Contracts
Evaluating the Independence of Insurer-Retained Experts
Advise & Consult, Inc. I. Scrutiny of Insurer-Retained Experts In first-party property litigation, the objectivity of carrier-retained experts—including engineers and technical consultants—is a material factor in evaluating claim determinations. Frequent retention by a single insurer may create financial dependencies that subtly or overtly influence technical findings. II. Indicators of Potential Bias Indicia of carrier influence… Continue reading Evaluating the Independence of Insurer-Retained Experts
Executive Summary: “Wear and Tear” Disclaimers and the Scope of Insurance Appraisal
Advise & Consult, Inc. Overview In property insurance claims, insurers frequently attempt to reject policyholder demands for appraisal by framing causation disputes—specifically, distinguishing between covered storm damage and excluded wear and tear—as unappraisable “coverage questions.” In the majority of U.S. jurisdictions, once an insurer admits there is a covered loss, determining whether specific damage was… Continue reading Executive Summary: “Wear and Tear” Disclaimers and the Scope of Insurance Appraisal
The Last Word on CGL Coverage for Expanding “Public Nuisance” Torts Is Still to Come
Lisseth Ochoa-Chavarria and Chris Popecki | Policyholder Pulse Over the last decade, governmental plaintiffs have secured tens of billions of dollars in settlements from certain manufacturers, wholesale distributors and pharmacy operators that allegedly contributed to a nationwide epidemic of opioid use disorder (OUD), a/k/a addiction. Bellwether litigation has centered on expansive “public nuisance” claims—reminiscent of… Continue reading The Last Word on CGL Coverage for Expanding “Public Nuisance” Torts Is Still to Come
6th Circ. Ruling Highlights Split On Labor Cost Depreciation
Nabila Rahim | Zelle With its March 25 decision in Schoening Investment LP v. Cincinnati Casualty Co., the U.S. Court of Appeals for the Sixth Circuit recently joined a growing list of courts that have considered whether to depreciate labor costs to determine actual cash value.[1] The court relied on essential contract interpretation principles to evaluate… Continue reading 6th Circ. Ruling Highlights Split On Labor Cost Depreciation