Andrea Martinez | Wiley Rein The U.S. District Court for the Southern District of Illinois, applying Illinois law, has held that there is no coverage under a claims-made policy for a claim made during the policy period but reported after the policy period expired. Berkley Ins. Co. v. Caraway, 2025 WL 3280220 (S.D. Ill. Nov. 25,… Continue reading No Coverage for Claim Made During Policy Period but Reported After Policy Period
Tag: Advise & Consult
Legal Q&A: Who is Responsible for Construction Defects?
Cody Schneider | Peckar & Abramson Q. We completed a large commercial office project a few years ago, and defects are emerging with multiple trades. Their contractual warranties were for a year. Is there any way to force them back to correct their work even though we are past the year? A. Even though the… Continue reading Legal Q&A: Who is Responsible for Construction Defects?
To Settle or Not Settle: Factors to Weigh and Practical Considerations
Gerard J. Onorata | Peckar & Abramson Deciding to settle a construction dispute is often wrought with difficulty, requiring the decision maker to evaluate a number of factors. Nevertheless, there are no hard and fast rules that apply when advising a party whether or not they should settle a dispute. Yet the vast majority of… Continue reading To Settle or Not Settle: Factors to Weigh and Practical Considerations
Don’t Put the Suit Before the Proof: Bailetti’s Message on Premature Breach Suits
Shannon Alfonso | Butler Weihmuller Katz Craig Florida’s First District Court of Appeals delivered a clear warning to policyholders and their counsel in Bailetti v. Universal Property & Cas. Ins. Co., — So. 3d —, 2025 WL 2845101 (Fla. 1st DCA Oct. 8, 2025): a breach of contract suit must be grounded in a breach that… Continue reading Don’t Put the Suit Before the Proof: Bailetti’s Message on Premature Breach Suits
Contractors May Need To Formally “Invoice” All Costs To Protect Interest Rates
Trevor Lane | Beresford Booth In any construction project, when changes, modifications, alterations, or deviations are ordered, the risk for delays and extra costs is high. Contractors obligated to implement and supply those changes are vulnerable, incurring costs that may not be paid timely or even paid at all. As a result, contractors often include… Continue reading Contractors May Need To Formally “Invoice” All Costs To Protect Interest Rates