David Adelstein | Florida Construction Legal Updates If you are pursuing an all-risk first-party property insurance claim on behalf of an insured, or defending such a claim on behalf of an insurer, a recent case includes a short snippet explaining the corresponding burdens of proof: To make a claim under an all-risk policy, the insured… Continue reading Quick Note: Burden of Proving and Defending All Risk Property Insurance Claims
Tag: insurance
Defending Under A Reservation Of Rights: Practical Insights For Insurers From The US
Jean-Paul Rudd | Adams & Adams A recent decision from the Southern District of New York offers valuable perspective on the procedures and obligations that arise when an insurer defends a claim under a reservation of rights. Background The case involved a professional negligence action against an attorney, following an alleged failure to sue all… Continue reading Defending Under A Reservation Of Rights: Practical Insights For Insurers From The US
Hard Costs vs. Soft Costs in Builder’s Risk Insurance Policies: A Legal and Practical Guide for Insurance Professionals
Robert Trautmann | Weber Gallagher Simpson Stapleton Fires & Newby Builder’s risk insurance is a cornerstone of effective risk management in the construction industry. It offers protection against a variety of physical and financial risks that can impede the successful and timely completion of a construction project. Among the most critical concepts within builder’s risk… Continue reading Hard Costs vs. Soft Costs in Builder’s Risk Insurance Policies: A Legal and Practical Guide for Insurance Professionals
Allocation of Losses in Complex Insurance Coverage Claims
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
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