Christopher Wilkie | CLM QUESTION: The industry is reporting that while construction claim frequency appears to be declining, severity is rising. From your perspective, what is driving this shift, and how should carriers and claims professionals adjust their strategies in response? A: Across the construction claims landscape, a clear pattern has emerged: Claim frequency is trending… Continue reading Ask the Expert: Severity Rising
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
Minnesota Court of Appeals Holds that an Insurer’s Reservation of Rights Can Entitle an Insured to Select Independent Counsel
John A. Knapp and Brandon Batchelor | Stinson On June 1, 2026, the Minnesota Court of Appeals issued a decision in Fabyanske, Westra, Hart & Thomson, P.A. v. Western National Mutual Insurance Company, in which the court held that a conflict of interest on the part of counsel hired by an insurance carrier can entitle an… Continue reading Minnesota Court of Appeals Holds that an Insurer’s Reservation of Rights Can Entitle an Insured to Select Independent Counsel
NJ Court Rejects Coverage-Minimizing Application of Non-Cumulation Clauses in Construction Defect Cases
Alexandra DiFusco, Frederic J. Giordano and Patrick J. Perrone | K&L Gates A recent New Jersey trial court decision confirmed expansive coverage for commercial general liability policyholders entrenched in construction defect litigation involving continuous and progressive property damage. New Jersey applies the “continuous trigger” method to insurance coverage claims involving progressive and indivisible injuries, as… Continue reading NJ Court Rejects Coverage-Minimizing Application of Non-Cumulation Clauses in Construction Defect Cases
Why the Portofino Appeal Could Reshape Insurance Appraisal Law
Advise & Consult A major insurance dispute now before the Eleventh Circuit may become a defining case on the limits of judicial review in property insurance appraisals. At issue is whether a court may set aside an appraisal award because of alleged flaws in how the panel reached its result, or whether those concerns fall… Continue reading Why the Portofino Appeal Could Reshape Insurance Appraisal Law