Jason Schulze and Scott Seaman | Hinshaw & Culbertson Allocation is a fundamental issue impacting every society and transcending virtually every major sector and function within a society. Economists sometimes describe this concept as society’s allocation of its resources between guns and butter. In the world of insurance, the focus is on allocating losses between… Continue reading Allocation of Losses in Complex Insurance Coverage Claims
Tag: insurance
Eighth Circuit Affirms Summary Judgment to Insurer in Dispute with Construction Project Owner Over Lost Rental Income
Jennifer Luther | Foley & Lardner On Monday, June 9, 2025, the Eighth Circuit Court of Appeals ruled that a Missouri real estate developer could not recover insurance proceeds for lost rental income arising out of a retaining wall failure that caused delays in the construction of an apartment building project. In BCC Partners, LLC v.… Continue reading Eighth Circuit Affirms Summary Judgment to Insurer in Dispute with Construction Project Owner Over Lost Rental Income
Louisiana Governor Vetoes Bill Limiting Bad Faith Lawsuits Against Insurers
Ezra Amacher | Claims Journal Louisiana Governor Jeff Landry vetoed a bill last week that would have limited bad faith lawsuits against insurers, a move that raised criticism from the insurance industry. SB 111, sponsored by Sen. Alan Seabaugh, R-Many, intended to bring clarity to when claimants could bring bad faith personal or bodily injury… Continue reading Louisiana Governor Vetoes Bill Limiting Bad Faith Lawsuits Against Insurers
Insurer’s Use of Conflicting Reports Not Bad Faith, Says Court
Paul Ferland and Joshua Tumen | Property Insurance Law Observer In El Dueno, LLC v. Mid-Century Insurance Company (2025 WL 1540329) (10th Cir. 2025)), the Tenth Circuit Court of Appeals affirmed summary judgement on behalf of the insurer on the basis that the insurer did not act in bad faith when it denied the insured’s claim based… Continue reading Insurer’s Use of Conflicting Reports Not Bad Faith, Says Court
Proactively Addressing Potential Construction Claims
Jack Mayo | ConsensusDocs Recognizing a potential claim—whether related to delays, defective work, payment, or some other issue—often requires immediate attention to ensure that your rights are protected. This article provides a general overview of several practical considerations and proactive steps for contractors to take at the onset of a potential claim to better position… Continue reading Proactively Addressing Potential Construction Claims