Paul Ferland and Joshua Tumen | Property Insurance Law Observer In Bob Robison Commercial Flooring Inc. v. RLI Insurance Company (2025 WL 852889 (8th Cir. 2025), the United States Court of Appeals for the Eighth Circuit determined that an ensuing loss provision of a builder’s risk insurance policy did not restore coverage resulting from defective workmanship where… Continue reading Coverage for Defective Workmanship Not Restored by Ensuing Loss Provision
Tag: insurance coverage
Conditions to Coverage May Be More Conditional Than You Thought
Max J. Louik and Alexa L. Austin | The Policyholder Perspective Conditions Precedent to Coverage Insurance policies typically are subject to certain conditions precedent to coverage. As the name suggests, conditions precedent to coverage are obligations placed on the insured that, in the normal case, must be complied with in order for coverage to attach. Take… Continue reading Conditions to Coverage May Be More Conditional Than You Thought
Where There’s Smoke, Is There Coverage? A Closer Look at Bottega, LLC v. National Surety and Gharibian v. Wawanesa
Rachel E. Hudgins and Scott P. DeVries | Hunton Insurance Recovery Blog For policyholders, insurance is meant to provide peace of mind—a promise that when disaster strikes, they’ll have financial support to rebuild and recover. But as two recent cases show, the question of what qualifies as covered “direct physical loss or damage” can lead… Continue reading Where There’s Smoke, Is There Coverage? A Closer Look at Bottega, LLC v. National Surety and Gharibian v. Wawanesa
Court Denies Developer Insurance Coverage to Repair Defective Construction
Paul Ferland and Joshua Tumen | Cozen O’Connor In Curtis Park Group, LLC v. Allied World Specialty Insurance Company (2024 WL 5194886 (10th Cir. 2024)), the U.S. Court of Appeals for the Tenth Circuit determined that an insured real estate developer could not recover the hard costs associated with repairing a defective concrete slab because the insured… Continue reading Court Denies Developer Insurance Coverage to Repair Defective Construction
Understanding Insurance Disputes in Construction Defect Litigation: A Review of Acuity v. Kinsale
David McLain | Higgins, Hopkins, McLain & Roswell Construction projects are inherently complex, and insurance coverage plays a crucial role in managing risks, especially when unforeseen issues arise. The case of Acuity v. Kinsale demonstrates the tangled web of insurance obligations, especially when multiple insurers provide coverage for a single event. This case, involving Monarch Stucco, Inc.,… Continue reading Understanding Insurance Disputes in Construction Defect Litigation: A Review of Acuity v. Kinsale