Mackenzie Moy | Zelle Commercial property and builder’s risk disputes involving defective work continue to generate significant disputes and litigation. One of the most consequential battlegrounds remains the interpretation and application of the “ensuing loss” (or “resulting loss”) clause. For claims professionals and coverage counsel alike, understanding how courts interpret these provisions is essential to… Continue reading The Ensuing-Loss Doctrine and Defective Work Exclusions: Recent Case Law and the Impact on Commercial Property Insurance Claims
Tag: Ensuing Loss Clause
Eighth Circuit Finds that “Ensuing Loss” Clause Does Not Restore Coverage for Faulty Subcontractor Work
Jason Taylor | Traub Lieberman In Bob Robinson Commercial Flooring Inc. v. RLI Ins. Co., No. 23-2531 (8th Cir. Mar. 19, 2025), the Eighth Circuit Court of Appeals had occasion to determine whether an exception to property insurance exclusions known as the “ensuing loss clause,” applied to faulty work of the insured’s subcontractor. By way of… Continue reading Eighth Circuit Finds that “Ensuing Loss” Clause Does Not Restore Coverage for Faulty Subcontractor Work
D.C. Circuit Tackles Ensuing Loss Clause and Finds Coverage Under Builders Risk Policies
Heather Howell Wright | It Pays to Be Covered In construing policies that covered loss “caused by or resulting from water damage” but excluded coverage for loss caused by “dampness of atmosphere” or by “[e]xtremes or changes in temperature,” the United States Court of Appeals for the District of Columbia recently preserved coverage under an… Continue reading D.C. Circuit Tackles Ensuing Loss Clause and Finds Coverage Under Builders Risk Policies