Alexander Masotto | Zelle The Southern District of Texas recently denied an insured’s Motion to Set Aside the Appraisal Award after the Appraisal Panel considered causation relating to the damages claimed by the insured. In Rios v. Homesite Insurance Company, et al, No. 5:23-CV-00006, 2024 WL 4984446 (S.D. Tex. Sept. 26, 2024), the insured filed a… Continue reading Appraisal Panel Acted Within its Rights when Considering Causation
Month: December 2024
Lost Productivity Damages in Construction: The Modified Total Cost Method
John Mark Goodman | BuildSmart Here at Bradley we frequently represent clients pursuing or opposing claims for lost productivity on construction jobs. The gist of those claims is that something happened which decreased productivity and thereby increased costs. That something can be just about anything. Differing site conditions. Unreasonable or conflicting instructions. A global pandemic. Lost productivity claims seek to reallocate… Continue reading Lost Productivity Damages in Construction: The Modified Total Cost Method
AI at the Helm: How Artificial Intelligence Is Changing Claims
Claims Pages Artificial intelligence (AI) is no longer a futuristic concept; it is transforming industries across the globe, and the insurance claims sector is no exception. As claims adjusters face increasing pressures to process claims faster, reduce costs, and maintain accuracy, AI is emerging as a critical tool to meet these challenges. This article explores… Continue reading AI at the Helm: How Artificial Intelligence Is Changing Claims
Construction Defect Claim Survives Insurer’s Summary Judgment Motion Due to Lack of Evidence
Tred R. Eyerly | Insurance Law Hawaii The court denied the insurer’s motion for summary judgment on a construction defect claim due to lack of evidence. Statesboro Erectors, Inc. v. Owners Ins. Co., 2024 U.S. Dist. LEXIS 176555 (N.D. Ga. Sept. 30, 2024). Griffco was the general contractor for a construction project.… Continue reading Construction Defect Claim Survives Insurer’s Summary Judgment Motion Due to Lack of Evidence
Alleged Negligent Misrepresentation on Condition of Home is Not an Occurrence Causing Property Damage
Tred R. Eyerly | Insurance Law Hawaii The court found that even if the insured’s negligent misrepresentations constituted an accident, the disclosures did not cause physical damage to the property. Wood v. USAA Cas. Ins. Co., 2024 U.S. Dist. LEXIS 180624 (D. S.C. Sept. 12, 2024). The insured, Clinton Wood, purchased a… Continue reading Alleged Negligent Misrepresentation on Condition of Home is Not an Occurrence Causing Property Damage