Chandra Lantz – Hirschler Fleischer

Water Leaks Are an Onoing Battleground for Insurance Coverage

Water intrusion and leaks are common sources of frustration and rework on construction projects. Months of progress can be undone by the failure of a coupling, the discovery of mold behind a wall or in a chase, or a drill that…more

Should Your Business Insure Against Ebola? Threats of Quarantines, Travel Bans and Fear Could Disrupt Business As Usual.

While few in the United States have been impacted by Ebola directly, concerns about a possible pandemic have been in the minds of many. Unlike other contagions in the recent past, such as Enterovirus, SARS, and unique strains of…more

Recoupment of Defense Costs: How Insurance Companies are Leaving Policyholder to Foot the Bill on Suits and Claims

Insurance can be a proactive way to manage risk and minimize costs. Most policyholders seek to transfer risk away from their own cash flow and assets to those of a commercial insurer. Increasingly, however, insurance companies…more

New Mandatory Exclusions Mean Less Insurance Coverage for Data Breach and Cyber Liability Claims Under CGL Insurance Policies

Data theft. Malware. Hacking. Viruses. Spyware. The list of ways in which the integrity and privacy of computerized data can be compromised seems limited only by one’s imagination. And today, no business is immune. Data…more

Change Is in the Air: Now Is the Time To Perform a Check Up on Your Additional Insured Coverage

Many businesses integrate additional insured coverage as an element of their risk management or risk transfer programs. In some cases, companies offer to protect other parties as an “additional insured” under their liability…more

New York Court Rules Property Insurance Does Not Cover Losses From Counterfeit Check Scam

Check scams are as old as checks themselves, but today’s check fraud is quick moving, hard to detect – and likely not covered by the theft provisions of a typical business insurance policy. Unlike a burglar who may throw a…more

Can You Use Third-Party Payments to Satisfy Your Self-Insured Retention?

Many companies seek to minimize insurance premiums and balance risk by utilizing self-insured retention as part of their insurance programs. Just how the SIR obligation must be paid, however, is one of the newer battlegrounds…more

Virginia General Assembly - February 6, 2014 Update on Proposed Laws of Interst to the Construction and Development Industries

The Virginia General Assembly continues to move several notable proposals for new or amended laws that could impact the real estate and construction industries. Proposed laws include teh ability to collect attorneys fees from…more

Virginia General Assembly Update: Proposed Legislation Of Interest To Construction And Development Industries

The General Assembly already this Session has tabled, stricken, or passed by numerous proposed bills that may have impacted subdivision, zoning, mechanic’s liens, public procurement and other issues of importance to the…more

Virginia General Assembly 2014: Proposed Laws That May Impact Your Development and Construction Businesses

The 2014 Virginia General Assembly now is considering several pieces of legislation that could impact construction and real estate development in Virginia. Issues include changes to subdivision and zoning processes, new home…more

Voluntary Payments and No-Action Clause Bars Contractor's Claim for Construction Damage

Most insureds recognize that insurance policies only cover particular types of losses. Many insureds, however, may not realize that an insurance company has no obligation to pay even a covered loss if the insured fails to comply…more

New Supreme Court Case Directs That Forum Selection Clauses Must Be Enforced In All But "Most Unusual" Circumstances

It’s not often that the Supreme Court of the United States (SCOTUS) resolves construction contract disputes between private companies. But last week, the SCOTUS did just that when it agreed with a Virginia contractor that the…more

Insurers To Policyholders: Tell Me No Lies, or Even Nothing At All.

The first step toward obtaining insurance coverage can be the most important. The path to coverage begins with completion of an often detailed, sometimes onerous application for insurance. An applicant must certify his or her…more

Gimme One Reason: Alabama Supreme Court Concludes Insurer Only Needs One Debatable Reason To Overcome Bad Faith Claim

Taking your insurer to task for bad faith handling of a claim just became harder in Alabama. Bad faith lawsuits traditionally have allowed policyholders to recover their costs and additional damages when an insurer improperly…more

Certificates of Insurance Can Create Troubling Coverage Gaps

Nearly all construction projects involve a minefield of insurance requirements pushed on to the contractors, subcontractors, construction managers, and design teams assembled for a project build. Not every team member gets every…more
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