Construction Defect & Insurance Claim Research Center

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December 2012

Lessons From Recent Decisions on Bad Faith Litigation

Honoring Key Deadlines may be the Best Defense to Potential Bad Faith Claims after Sandy

Pennsylvania Court Finds No Coverage for Construction Defect Claims under General Liability Policies

Second Circuit finds that Insured’s Notice to Broker is not Notice to the Insurer and Precludes Coverage for Property Owner’s Damage Claim

Are You Driving Your Adjuster Clients Crazy? Ten Things Lawyers Do That Make Clients Want to Tear Their Hair Out

Construction Defect - The “Completed and Accepted” Doctrine and Architects’ Liability”

In Construction Disputes, Tell the Story

Statutory Change to Definition of "Occurrence" not Retroactive

Does a Bad Faith Cause of Action Survive an Appraisal Award? The Answer May Be, "It Depends."

Ruling: Homeowners Improperly Denied Insurance Discounts

Insurance Coverage Update for Pennsylvania Builders

November 2012

Developers May Require that Construction Defect Disputes be Resolved Through Arbitration

Attorney: Why Companies Should Fight more OSHA Citations

Connecticut Supreme Court Rules Statutes of Limitations and Repose do not Generally Apply to the State

Property Damage, Experts And Damages

Citizens Property Bad Faith Case Must Go to Trial

Windstorm Will Be an Issue for Texas Lawmakers

Expert Advice: Four Steps for Effectively Selecting and Managing Forensic Partners

Construction Insurance Fundamentals

Some Suggestions for New Attorney Fees Clauses

The Risks of Selling Materials to Deadbeat Subs

A National Cat Fund is Long Overdue

After Superstorm Sandy, a National Catastrophe Fund is Still a Bad Idea

October 2012

Experts Face Fewer Challenges in Court, Survey Says

Dispute Resolution Provisions In Construction Contracts

Ohio Supreme Court holds Faulty Forkmanship is not an Occurrence

The Call to Arbitration in Construction Defect Litigation

Better Building Codes for Better Insurance

Construction Defect Complaint Alleging Negligent Misrepresentation may Trigger Insurance Coverage

Condominium Developers Can Require Arbitration for Construction Defect Lawsuits Through Project CC&Rs

Utah Supreme Court Discusses the Economic Loss Rule and a Builder's Duty to a Homebuyer in a Construction Defect Case

Claims Handling Through a Prosecutor's Eyes Five Techniques to Enhance How Investigators and Adjusters Approach Fraud Cases

The Arranged Marriage Solving the Relationship Issues Facing Restoration Contractors and Insurance Carriers

Insured Who Rushed to Sue Must Submit to Appraisal

When do “Duty to Defend” Principles Apply to a “Duty to Pay” Policy?

Construction lender wins coverage dispute with title insurer—new 7th Circuit decision

EPA’s Lead: Renovation, Repair and Painting Rule Pushed to 2015

September 2012

Assignment Of A Claim To Another Does Not Necessarily Relieve The Assignor Of Their Obligations Under Policy Of Insurance

The Calm After the Storm: Florida Supreme Court Issues Anticipated Hurricane Related Bad Faith Opinion

Texas Supreme Court Reiterates Cost to Repair Property Must Be "Reasonable and Necessary"

ABA Rejects Proposed Expert Witness Guidelines

Mediating Construction Disputes - Understanding Different Approaches and Strategies

No Coverage for Counterclaim Alleging Construction Defects Pled as Breach of Contract

More About Experts in Insurance Cases

Minnesota Supreme Court rules that insurer must advise policyholder to request an arbitration award that allocates between covered and noncovered claims

Consumer Fraud Act Counterclaim Against General Contractor Denied to Homeowner who used Architect as Intermediary to Manage Construction Project

Is there a Duty to Defend for Breach of Contract?

Can Surveyors, Construction Managers, Architects And Other Design Professionals Engaged By The Owner Of Real Property File A Construction Lien?

Standard of Review for Appealing Bid Protests

August 2012

Creativity can Forfeit a Construction Lien

Failure of Expert Testimony on Alternative Designs Dooms Claim

Minnesota Court of Appeals Rules that State Building Code Trumps Contrary City Regulations

When Faced with "no," Build a Golden Bridge to Resolve a Dispute

Construction Law - the History is Ancient!

Finding the Perfect Expert Witness: Why an Expert Must Wear Many Hats

You're Headed to Court - Now What?

To Testify or Not to Testify: Re-Designating An Expert Witness?

Recent Developments in Construction Defect Insurance

Insurers Urge Incentives for States to Adopt Stronger Building Codes

Anti-Assignment Clause In Insurance Policy Does Not Prohibit The Assignment Of Claim

Federal Court Ruling On Florida Statute Of Limitations

July 2012

Handling Building Products Class Action Suits

Does Your General Liability Policy Cover Construction Defects?

Courts Are Conflicted As To Whether "Good Faith" Settlement Determinations Can Be Reviewed Via Writ Petition Or Appeal

Wisconsin Holds That Insurer's Failure to Reserve Rights Does Not Waive Its Ability to Deny Coverage Based on Coverage Clause

Texas Supreme Court Applies "Economic Loss Rule" Defense in a Construction Defect Case but Leaves Big Question Unanswered

Happy 4th of July! Enjoy the Barbeques, Fireworks, and...Denied Claims?

Taking and Defending an Adjuster's Deposition

Fifth Circuit Holds that Absence of Duty to Defend may not Necessarily Preclude Duty to Indemnify

Xactimate 101: The Basics

The Katie Froeschle Story: A Safety Message for All On-Site Professionals!

June 2012

California Statute Limiting Defense Costs does not Apply Where Carrier Denies Coverage

Georgia Supreme Court Decision Expands Coverage Under CGL Policies

Illinois Court Requires Insurance Carrier to Defend a Construction Defect Based on Negligent Misrepresentation Claim

Georgia Supreme Court Sanctions Coverage for “Diminution of Value” Caused by Damage to Insured Commercial Property

Red Flags: Digging Deeper in Claims Investigation

New Risks Without Rewards: More OSHA Liability for General Contractors

Modern, Enforced Building Codes Critical to Reducing Storm-Related Damage, says IBHS

Does your Subcontractor's Certificate of Insurance Say Too Much or Too Little?

Insurance Institute For Business and Home Safety Pushing For Residential Fire Sprinkler Requirements

Pulling the Right Trigger: Identifying the Appropriate Insurance Policy Trigger Approach at the Inception of a Construction Defect Coverage Case

Wall Saves Condo Community $411K on Flood Insurance

Do Asbestos Rip-out Claims and the “Abandoned Materials” Policy Exception Neutralize the Impact of the Completed Operations Aggregate?

May 2012

Defining Undefined Loss Exposures in Green Construction

Design Basics, LLC v. Roersma & Wurn Builders, Inc.

Construction Law Alert: North Carolina to Enforce Attorney Fees Clauses

Assessing Structural Damages After the Storm

Insurance Coverage for 'Hidden' Lien Claims in NC Disappearing

In Preparing for the ‘Big One,’ Don’t Forget Insurance

Legal Firms Want to Learn More About Hurricane Irene Recovery Problems

New Jersey Courts Recognize Arbitration Demands as "First Filings"

Who’s at Fault?

Builder Waits too Long to Dispute Contract in Construction Defect Claim

Use of Claim Reporting Disclaimers: Impartial, Disinterested, and Without Prejudice

Six of Your Peers or an Experienced Judge: The Implications of Arbitration In Place of a Jury Trial

Construction Defect Insurance Coverage Decided by Colorado Court

Insurance Coverage for Defective Workmanship - Part 4 of 4 - What's a Contractor to do?

April 2012

Court Spells Out ‘Red Flags’ to Watch for in Experts

You Snooze, You Lose: The Statute of Limitations for Construction Defect Claims in Florida

Colorado Court Of Appeals Issues New Construction-Defect Coverage Decision

Insurance Coverage for Defective Workmanship - Part 3 of 4- Legislative "Clarification"

Pay-if-paid Provision Negated

Preserving Evidence on the Jobsite

Claim Investigation: For the Perspective Plaintiff

Expert Was Free to Change his Mind, 8th Circuit Rules

Arbitration Versus Mediation

Insurance Coverage for Defective Workmanship - Part 2 of 4- Duty to Defend

Contract is (Still) King

No "Occurrence" Where Specific Breach of Construction Contract Claims

March 2012

Construction Insurance Rates Rising

The Six Universal Advantages of Mediation  

New Oregon Bad Faith Insurance Law Tabled in Committee

Insurance Coverage for Defective Workmanship - Part 1 - Duty to Defend

Not All Construction Defect Actions Exempt from the Pilot Project on Civil Procedure Rules

Do Subcontractors Get a Free Pass for Construction Defects?

Construction Site Operators Must Consider New EPA Revisions to the Stormwater General Permit

Construction Defects: How Building Flaws Can Create Contractor Liability

Exact Dates Not Needed for Construction Defect Insurance Claim

OSHA Extends Residential Construction Enforcement Policies

February 2012

Undercover Home Improvement Investigation

Ohio Court Finds No Coverage for Construction Defect Claims

Court Upholds Travelers vs. Reinsurers in Big Asbestos Award

Court Rules that Extrapolation Evidence is Admissible in Construction Defect Dispute

Insurer Must Cover Construction Defects Claims Under Actual Injury Rule

Court of Appeals Holds that Construction Defect Statute of Repose May Run From Completion of a “Discrete Component” of a Larger Project

Top 20 Contract Issues for Contractors and Subcontractors

Money Talks: Exposing Bias Using Expert Witness Fee Arrangement

In Federal Court, Judges Act As Gatekeepers In Deciding Whether To Admit Expert Testimony

Changes to Lien Laws Create Opportunities for Contractors and Pitfalls for Owners

Construction Defect Claims: Three Myths About Which Every Claims Director Should Know

A New Friend for Insurers - Amendments to Rule 26 Could Benefit Subrogation Efforts

Insurer Not Entitled to Summary Judgment on Construction Defect Claims

Refusal to Respond, Among Other Things, Results in Bad Faith Against Carrier

January 2012

Inside Insurance: Georgia, Other Southern States Show Wide Disparities in Assessment of Residential Building Code, Enforcement Systems

No Liability for Others' Asbestos Products

10 Predictions for Litigation in 2012

Newly Discovered Damage Should Be Addressed During Appraisal

Supreme Court of Utah Addresses Allocation of Defense Costs Among Insurers

'Not Whether, but How' to Improve Insurance Regulation

Expert Testimony Failed to Meet Daubert Standard

Third Circuit, Reversing District Court, Holds Subcontract Payment Clause Shifted Risk of Nonpayment by Owner to Subcontractor

U.S. District Court in Michigan Denies Performance Bond Claim for Contractor's Failure to Meet Conditions Precedent – also holds that Surety may Proceed with Overpayment Defense and Counterclaim

U.S. District Court for Western District of Virginia Allows Constructive Acceleration Claim to Proceed

'Flood House' Gives Close-Up of Water Damage

Risk Management Concerns on State Agendas for 2012

2011 Record Year for Natural Disasters

Mold Removal Confusion


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