Buyer Beware: Insurance Agents May Have No Duty to Sell Construction Contractors an Insurance Policy Covering Likely Claims

David McLain | Higgins, Hopkins, McLain & Roswell Construction contractors in the market for insurance coverage have few legal protections if their insurance agent fails to provide insurance that covers likely claims against the contractor.  As construction defect lawsuits continue to be a frequent occurrence throughout Colorado, we have seen an increase in the number… Continue reading Buyer Beware: Insurance Agents May Have No Duty to Sell Construction Contractors an Insurance Policy Covering Likely Claims

What Is Reasonable Care for Maintaining Heat in an Unoccupied Home?

Ashley Eldridge and Paul Ferland | Property Insurance Law Observer The New York Supreme Court recently weighed in on what constitutes “reasonable care” to maintain heat in the context of a first-party insurance policy exclusion requiring such reasonable care. In Michael Zimmerman v. Leatherstocking Cooperative Insurance Company, CV-23-0362, 2024 NY Slip Op 02113 (April 18, 2024),… Continue reading What Is Reasonable Care for Maintaining Heat in an Unoccupied Home?

Risk Awareness and Mitigation in Disaster Recovery: During a Catastrophe

Jon Critelli, Randall Coxworth, Paul Ryan and Christian Gordon | StoneTurn In 2022, the United States experienced 18 separate weather and climate disasters costing at least one billion dollars according to NOAA. In 2023, that number rose to 28 separate billion dollar weather events. The frequency and large geographical areas that these catastrophes are impacting means owners… Continue reading Risk Awareness and Mitigation in Disaster Recovery: During a Catastrophe

Lesser-Known Insurance Policies for Addressing Project Risks

Sean C. Gay | Stoel Rives Construction projects involve significant risks to project owners, designers, and contractors. Many such risks are allocated in the parties’ contracts, which in turn require those parties to obtain insurance—further allocating risks to insurance companies. By providing coverage for losses and collecting premiums, insurers help those parties protect against financial… Continue reading Lesser-Known Insurance Policies for Addressing Project Risks

Court Says Builder’s Risk Policy Limited Coverage for Additional Insureds

Joshua Tumen | Property Insurance Law Observer In BCC Partners, LLC v. Travelers Prop. Cas. Co. of America, 2024 WL 1050117 (E.D. Mo. March 11, 2024), the Court determined that the plaintiff property owner, as an additional insured, was not entitled to the same insurance coverage as the named insured where the builder’s risk policy limited… Continue reading Court Says Builder’s Risk Policy Limited Coverage for Additional Insureds