Paul S. Grossman | Scarinci Hollenbeck The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction… Continue reading Top 5 Causes Leading to Construction Defect Litigation
Ohio Supreme Court Reinforces Finality of Binding Appraisal Awards
Spencer Sukel | Freeman Mathis & Gary May a policyholder set aside a binding appraisal award by alleging additional real property damage was discovered after the appraisal process was completed? As of July 23, 2026, the Supreme Court of Ohio says no, absent corruption or gross mistake—not a mere error of judgment—a policyholder may not. And… Continue reading Ohio Supreme Court Reinforces Finality of Binding Appraisal Awards
When the Insurer Calls the Plays: Minnesota Expands the Right to Independent Counsel
Bradley Prowant and Seth Row | Stoel Rives A recent Minnesota Court of Appeals decision expands policyholders’ rights to independent counsel when an insurer defends under a reservation of rights. The ruling holds that when the same facts determine both liability and insurance coverage, the insurer may be required to fund counsel selected by the… Continue reading When the Insurer Calls the Plays: Minnesota Expands the Right to Independent Counsel
California Supreme Court Clarifies Pleading Standards for Excess Policy Claims
Scott Seaman | Hinshaw & Culbertson Hinshaw partner Larry Golub recently discussed the California Supreme Court’s ruling in Pitzer College v. Indian Harbor Insurance Co. with Judy Greenwald of Business Insurance. The questions to be determined by the California Supreme Court were (1) whether California’s notice-prejudice law is a fundamental policy, and (2) whether that policy overrides the… Continue reading California Supreme Court Clarifies Pleading Standards for Excess Policy Claims
Florida’s New Contractor Discipline Law: What Every Licensed Contractor Needs to Know
John Whelan | Shutts & Bowen For years, Florida contractors have understood that failing to pay a subcontractor could result in a construction lien dispute or a breach of contract action. Beginning July 1, 2026, however, the stakes became significantly higher. With the enactment of section 489.1295, Florida Statutes, the Legislature has transformed certain payment disputes… Continue reading Florida’s New Contractor Discipline Law: What Every Licensed Contractor Needs to Know