News & Analysis as of

Contractors Insurance Claims

Cozen O'Connor

Texas Supreme Court Rejects Free Speech and Due Process Challenges to Public Adjuster Regulations

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A roofing contractor called Stonewater Roofing, Ltd. (Stonewater) challenged a Texas statute regulating public adjusters' conduct on the basis that the statute violates free speech and due process rights under the First and...more

J.S. Held

Forensic Laboratory Analysis and Roof Evaluations

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The roofing industry in the United States is prominent, with an estimated market size of over $25 billion annually, which covers various segments such as residential, commercial, and industrial roofing. Owing to its core...more

Carlton Fields

Divided Ninth Circuit Finds Toxic Dust From Wildfire Is Not “Pollutant” Under Policy’s Pollution Exclusion

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In Wesco Insurance Co. v. Brad Ingram Construction, the Ninth Circuit Court of Appeals reversed a summary judgment ruling in favor of Wesco Insurance Co. after a split panel concluded that toxic dust and debris from a...more

Hinckley Allen

Contractors, Beware: General Liability Insurers Wrongfully Denying Claims for Damage Caused by Defective Subcontractor Work

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As a contractor, you are familiar with working together with subcontractors — delegating project scope as part of the overall job. However, when a subcontractor’s work is defective, who is liable for the damage?...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - January 2024

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Second Circuit Holds That Malpractice Insurer Has No Duty to Defend or to Indemnify Lawyer Because Of Business Enterprise Exclusion- Associated Industries Insurance Company sued its insureds, a lawyer, and his former law...more

Marshall Dennehey

Doubling Down: Two Third Circuit Decisions Reaffirm that Faulty Workmanship Does Not Constitute an “Occurrence” in Pennsylvania

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In two separate decisions handed down last month, the Third Circuit Court of Appeals re-affirmed that, under Pennsylvania law, claims against contractors for faulty workmanship do not constitute an “occurrence” and are...more

King & Spalding

Big Data and Bigger Disputes? How New Data Technologies Impact Construction Disputes

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The last decade has seen the emergence of Big Data platforms allowing parties to major construction projects to digitize and integrate more and more of the engineering, design and build phase of their projects. Such...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - February 28, 2023

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Court Holds That Insurer Was Not Volunteer And May Seek Subrogation From Other Insurer But That Other Insurer’s Policy Is Excess- Walter Breitenbach, who was insured by Adirondack Insurance, struck a pedestrian with his...more

Bradley Arant Boult Cummings LLP

Construction Dust is Pollution?

A recent insurance coverage decision from the United States District Court for the Northern District of Georgia highlights the difficulties of court interpretation of insurance policies and serves as a warning for contractors...more

Hendershot Cowart P.C.

Subrogation Defense for Contractors: What to Do When an Insurance Carrier Sues You

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A homeowner or property owner (your client or customer) files a claim with their homeowners or property insurance for damage. The insurance company then comes after you, alleging it was a construction or design defect that...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - June 2022

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In late 2016, a roofing contractor stepped through the insured’s roof resulting in damage to the roof and internal water damage. The insured did not file a claim with its property insurer until early 2018, more than a year...more

Kennedys

Florida Property Insurance Reform Bill signed by Florida Gov. DeSantis

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Governor DeSantis signed Senate Bill 2D (“SB 2D”), relating to property insurance, and Senate Bill 4D (“SB 4D”), relating to building safety, into law on May 26, 2022. The bill, SB 2D, enacts pro-consumer measures to...more

Cozen O'Connor

Florida Property Insurance Reform Round Three Brings Big Changes

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For the third time since 2019, the Florida Legislature has enacted broad property insurance reforms with the goal of stabilizing the insurance market and curbing litigation filed by unscrupulous contractors....more

Rivkin Radler LLP

New York Insurance Coverage Law Update - July 2021

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Southern District of New York Holds That COVID-19 Claim Not Covered- Café du Soleil (the Café) operates a small Manhattan restaurant that suffered financial losses during the COVID-19 pandemic and suspended operations...more

Butler Weihmuller Katz Craig LLP

One Step Forward, Two Steps Back: Roofers, Insurance And Commercial Speech

On July 11, 2021 Chief Judge Mark Walker of the U.S. District Court for the Northern District of Florida entered an order enjoining the Secretary of the Florida Department of Business and Professional Regulation from taking...more

Hinshaw & Culbertson - Insights for Insurers

Florida Enacts Significant Reform Impacting Property Insurance Claims

Earlier this month, Florida Governor Ron DeSantis signed into law S.B. 76, enacting significant property insurance claim reform in the State of Florida that becomes effective on July 1, 2021. We summarize some of the...more

Rumberger | Kirk

Landowner’s Duty of Care in Florida, and the Special Case of Contractors

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In a premises liability case, the landowner’s standard of care is determined by the category of entrant.  Post v. Lunney, 261 So. 2d 146, 147 (Fla. 1972).  See also ARP v. Waterway E. Assoc., Inc., 217 So. 3d 117, 120 (Fla....more

Bradley Arant Boult Cummings LLP

Expansion of Premises Liability for Construction Owners

A property owner is generally liable for hazards on the property that injure others. On construction projects, this presents a significant risk for owners because there are always multiple hazards present, and the owner,...more

Bradley Arant Boult Cummings LLP

An Insurer’s Duty to Defend does not Extend to a Construction Claim that Falls Clearly Within a Policy Exclusion

Like most states, Florida follows the rule that an insurer’s duty to defend is separate from and broader than its duty to indemnify for a potentially covered occurrence. Last week, in South Winds Construction Corp. v....more

Dentons

State of Iowa Cracking Down on Contractors Who Act Improperly on Insurance Claim Projects

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On April 21, the Iowa Insurance Division ordered residential contractor, 33 Carpenters Construction, Inc. of Bettendorf, to cease and desist from acting as a public adjuster while unlicensed to do so. They are also ordered to...more

Cozen O'Connor

New Texas Laws Take Aim at Common Practice in Storm-Related Repairs

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Texas policyholders can no longer cut deals with storm repair contractors to pocket their deductibles for storm repairs.  The Texas Legislature has amended the Texas Insurance Code and Texas Business & Commerce Code,...more

Kilpatrick

Contractors Performing Roofing Repairs in Texas: Don’t Cross the Line with Property Insurance Carriers

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Texas and other states limit the extent to which a roofing contractor can be involved in the insurance claim process on behalf of a property owner. The Texas Insurance Code restricts the ability of adjusters to act as...more

Jaburg Wilk

Arizona Supreme Court Holds Contractual Liability Exclusion Does Not Apply to Breach of Duty to Reasonably Construct Home

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The Holding - In Teufel v. Am. Family Mut. Ins. Co., 244 Ariz. 383, 419 P.3d 546 (2018), the Arizona Supreme Court recently held that a Contractual Liability Exclusion in homeowner policies did not apply to a claim for...more

Zelle  LLP

Limited Power of Attorney No Substitute for AOB in Texas

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When an insured suffers a loss, they sometimes do not have the resources up front to make the repairs to their property. In many states, an insured can hire a contractor to perform the work in exchange for a post-loss...more

Locke Lord LLP

Florida House Passes Assignment of Benefits Legislation

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The Florida House of Representatives recently approved HB 7015 with an 82-20 vote. HB 7015 would make significant changes to state law relating to assignment of benefits (“AOB”) and related legal fees in property insurance...more

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