News & Analysis as of

Builder's Risk Exclusion

Softening a Hurricane’s Blow: Force Majeure and Builder’s Risk

by Gray Reed & McGraw on

Hurricane Harvey caused severe destruction in Texas with its significant winds and historic rainfall. But Harvey may also prove to be a costly lesson for many project owners and contractors. As Texas begins to focus on...more

New York Court of Appeals Holds That Tower Crane Damaged By Superstorm Sandy Is Not Covered by Project’s Builder’s Risk Insurance...

by Pepper Hamilton LLP on

Lend Lease (US) Constr. LMB Inc. v. Zurich Am. Ins. Co., No. 11, 2017 N.Y. LEXIS 112 (N.Y. Feb. 14, 2017) - Early, in its opinion, the New York Court of Appeals noted that “[o]ne of the most dramatic images of...more

What is Builders’ Risk and Why Do We Need It?

In negotiating construction contracts, the parties may ignore or give little attention to the project’s insurance requirements. Insurance provisions are oftentimes left untouched on the standard industry forms. One...more

Revisions to ConsensusDocs® Design-Bid-Build Standard Forms

Every construction project has a contract (written, preferably), and they often vary in size and scope depending on the nature and complexity of a project. Many construction industry participants have developed their own...more

Best Practices for Protecting Your Company With a Successful Insurance Renewal

Many in-house attorneys and risk managers follow the same ritual each year when renewing their company’s insurance policies: they look at a few insurance proposals, compare premiums, and then put their renewal policies in a...more

What a pain in the glass: The Supreme Court of Canada impacts construction and insurance industries

by Dentons on

Builders risk coverage extended to “service providers” and not just to those who “construct” - The Supreme Court of Canada’s recent decision, Ledcor Construction Ltd v. Northbridge Indemnity Insurance Co., 2016 SCC 37,...more

Latest Developments in Arbitration for the Construction Law Practitioner

by Jackson Walker on

G. T. Leach Builders V. Sapphire V.P.: Non-Signatories’ Right to Compel Arbitration; Waiver of Right to Arbitrate - By far, the most recent, significant arbitration development for construction law practitioners was the...more

Wisconsin Supreme Court Narrowly Interprets the “Permanent Property Insurance” Condition in a Builder’s Risk Policy

by Cozen O'Connor on

In Fontana Builders, Inc. v. Assurance Company of America, Case No. 2014AP821, 2016 WL 3526408 (Wis. Jun. 29, 2016), the Wisconsin Supreme Court addressed whether the purchase of a homeowner’s policy by the occupiers and...more

Agent Had No Duty to Produce Additional Insurance Coverage For Lost Rent and Soft Cost Without a Specific Request

by Hinshaw & Culbertson LLP on

Professional Lines Alert - APM, LLLP v. TCI Insurance Agency, Inc., No. 20150243, Supreme Court of North Dakota, March 15, 2016 - Plaintiff, a property management company, was seeking a builder's risk insurance...more

Understanding CIPs, Builder’s Risk, and Inland Marine Insurance Policies

Part of Bradley Arant’s Policyholder Insurance Coverage Team’s six-part Maximize Your Company's Insurance Coverage Webinar Series, the “Understanding CIPs, Builder’s Risk, and Inland Marine Insurance Policies” webinar, led by...more

Are You Covered? The “Care, Custody, or Control” Exclusion

Spring weather systems, such as the storms that have recently produced significant flooding in Texas, frequently create the necessity for restoration and remediation work. In performing such restoration work, it may be...more

Texas Supreme Court Holds Builder’s Limited Defensive Participation in Litigation Did Not Waive Right to Compel Developer to...

by Pepper Hamilton LLP on

G.T. Leach Builders, LLC v. Sapphire V.P., 2015 Tex. LEXIS 273 (Tex. Mar. 20, 2015) This action arose after 2008’s Hurricane Dolly caused extensive damage to a luxury condominium project that Sapphire V.P., L.P. (“Developer”)...more

Missouri Court Clarifies What Constitutes An Ensuing Loss

by Cozen O'Connor on

Last week in Performance Arts Cmty. Improvement Dist. v. ACE Amer. Ins. Co., 2015 WL 3491292, 2015 U.S. Dist. LEXIS 71592 (W.D. Mo., June 3, 2015), a federal court in Missouri shot down an insured’s arguments that a wall...more

Court Precludes Discovery Of Reinsurance Information In Airport Construction Insurance Coverage Dispute

by Carlton Fields on

In a construction loss coverage litigation brought by Indianapolis Airport Authority (IAA) against its builders risk insurer, Travelers Property Casualty Company, IAA unsuccessfully attempted to issue a subpoena to...more

Construction Defect Disputes and the Abandoned Policyholder: Getting the Carrier to the Table

by JAMS on

There is much that can go wrong in any large construction project: improper installations, defective products, errors and omissions made by designers, unexpected site conditions—the list is long. Insurance coverage or a...more

Illinois Federal Court Grants Summary Judgment in Favor of Insurer on “Vexatious and Unreasonable” Claim by Insured

In One Place Condominium, LLC v. Travelers Property Casualty Company of America, 2014 U.S. Dist. LEXIS 33974 (N.D. Ill. March 17, 2014), plaintiffs One Place Condominium LLC, The South Loop Shops LLC, Southblock Development...more

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