On September 23, 2025, in Church Mutual Insurance Co. S.I. v. Chabad of New Mexico, the U.S. District Court for the District of New Mexico ruled that a policy’s vacancy provision did not preclude coverage for two fire losses...more
When a hailstorm, fire, or other natural disaster strikes, it is not just the property owner who has something to lose. That is why most insurance policies, commercial and residential alike, contain a mortgagee or loss payee...more
Join us for an in-depth webinar exploring the evolving landscape of data centers—from traditional setups to AI-driven infrastructure. Discover how the risks associated with lithium batteries, environmental hazards, and...more
The 2025 wildfire season has reached above-average activity across the United States with over 26,500 wildfires within the first 5 months of the year. For P&C insurance experts, the scope and implications of these wildfires...more
In the early hours of Wednesday, April 30, 2025, a devastating house fire in Trenton, New Jersey, left five people injured and caused nearby evacuations after loud explosions were heard from the scene. The fire and subsequent...more
In Theraplant LLC v. National Fire & Marine Insurance Co., the U.S. District Court for the District of Connecticut denied the insured cannabis cultivator’s claim for business interruption coverage because the insured failed...more
Policyholders affected by the devastating fires should take certain immediate steps to maximize potential recovery. The Los Angeles County wildfires that began on January 7, 2025, and continue to ravage the communities of...more
In Farage v. Associated Ins. Mgt. Corp., 2024 N.Y. Slip Op. 05875 (Nov. 26, 2024) (here), the New York Court of Appeals examined the enforceability of an insurance contract’s two-year suit limitation period. In a 4-3...more
Matthew Ferrie, Partner, is back again to host the newest episode of the Subro Sessions podcast. Bert Davis, Principal for Romauldi, Davidson, & Associates and BDA Engineering, joins Matt for the second episode on...more
The Tenth Circuit recently held that, under Kansas law, an intentional loss exclusion precludes coverage for damage caused by an intentionally set fire even if the actual resulting damage is unintended. In Taylor et al. v. LM...more
Smoke taint has dominated the worries of the California wine industry recent years. With unsettled climate conditions and continued droughts, there is no reason to think that smoke taint will not continue to be a significant...more
In determining when the work product doctrine is triggered, the Northern District of Illinois recently held that, rather than adopting a bright-line rule, the issue should be decided on a case-by-case basis at the court’s...more
California is at the start of another dry year, with increased likelihood that the North Bay will experience another active fire season. Fires are always a risk and they are always unpredictable, spread quickly, and can...more
Insurers in South Carolina may now depreciate both labor costs and material costs when determining the “actual cash value” (ACV) owed to policyholders for property damage....more
Gables Construction, Inc. v. Red Coats, Inc., No. 23, 2020 BL 193791, 2020 MD LEXIS 264 (Md. May 26, 2020) - Upper Rock II, LLC (“Upper Rock”) contracted Gables Construction, Inc. (“GCI”) to construct a multi-building...more
When considering a claim’s subrogation potential, insurance carriers are often confronted with contractual waivers of subrogation that potentially bar the claim. One of the most common waivers carriers face are those...more
On May 23, 2020, a massive fire erupted on Pier 45 on Fisherman’s Wharf in San Francisco, California. The fire quickly tore through a warehouse near the end of the concrete pier, causing its walls to collapse and firefighters...more
On the afternoon of Monday, May 4, 2020, the Five Mile Swamp fire broke out during a permitted, prescribed 240-acre burn in the Pensacola Bay Mitigation Bank located near Milton, Santa Rosa County, Fla. ...more
The costs of Flagstaff’s July 2019 Museum Fire, fully contained as of August 15th and for which no cause has yet been determined, are now anticipated to exceed $13,000,000. To date, the Coconino National Forest Service has...more
Aquatherm, LLC v. CentiMark Corp, 2019 BL 13240 (D. Utah Apr. 12, 2019) - Stag II Lindon LLC and Stag Industrial Inc. (collectively “Stag”) owned a building in Lindon, Utah. Stag contracted with CentiMark Corp....more
Most property insurance policies condition the payment of replacement cost value (RCV) on the property first being replaced or repaired, and courts typically enforce that requirement. ...more
In the face of a fire that results in damage to multiple units of a commercial building, it can be difficult for insurers to determine the scope and extent of coverage available under a commercial general liability policy....more
In Western Heritage Ins. Co. v. Frances Todd, Inc. (No. A152428, filed 3/4/19, ord. pub. 4/2/19), a California appeals court held that a condominium association’s fire insurer was barred from suing a tenant in subrogation for...more
About the E-book This resource serves as a guideline for understanding subrogation recovery and the insurance claims processes in specific subrogation cases. From case intake and investigation to filing a suit and...more
IES Commercial, Inc. v. Manhattan Torcon, A Joint Venture, 2018 U.S. Dist. LEXIS 164973 (D. Md. Sept. 26, 2018) - In 2009, the Army Corps of Engineers hired Manhattan Torcon Joint Venture (“MT”) as general contractor to...more