Michael Kotula and Robert Maloney published the article, “The Value of Risk Transfer Consulting in Real Estate Transactions and Construction Projects,” in the Fall 2022 issue of USLAW Magazine.

The article discusses the nuances of the liability and insurance coverage issues that go along with risk transfers.

Read the full article here.

When defendants are sued in state court, one of the first things defense attorneys will usually consider is whether the case is removable, and if so, whether it should be removed.

A recent practice, spurred by case law, has allowed defendants in some jurisdictions to remove to federal court. This is particularly a concern in

State and local governments have been pursuing “public nuisance” claims against companies responsible in some way for societal problems. We’ve seen cases against manufacturers and distributors of guns, lead paint and opioids. And this theory is being tested in climate change cases against energy companies.

As new legal theories and trends emerge, so do insurance

Southern District Holds That Claim For Unjust Enrichment Not Covered Claim For “Property Damage”

The owners of a Manhattan apartment hired Zale Contracting to renovate their apart-ment.  After the apartment’s sprinkler system failed, Zale, with the owners’ consent, allegedly repaired the damage caused by the failure and purchased and installed new materials, resulting in additional

A few years back, we discussed the Montana Supreme Court’s Parker decision, which interpreted an earth movement exclusion in a first-party claim under a homeowner’s policy.  There, a boulder dislodged from a hillside and damaged the insured’s house.  The issue was whether a tumbling boulder should be considered earth movement.  The court said yes.  Now,

Second Circuit Holds That Insurer Precluded From Relying On Exclusions Because Unreasonably Delayed Disclaiming While Basis Was, Or Should Have Been, Apparent

In December 2015, Luis Alberto was working on a construction project at a building owned by the insured when a wall collapsed, causing him to fall to his death.  In December 2017, Alberto’s

Our July Insurance Update is here.  This is what we discuss.

“Hoosier” daddy?  When a Little Daddy’s bouncer chased a drunk patron from Big Daddy’s parking lot, who knew it would lead to the Indiana Supreme Court adopting the efficient and predominant cause theory, no matter whose Daddy the bouncer was working for.

Oklahoma has

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry

• An appellate court in New York has ruled that an exclusion in a title insurance policy precluded coverage of a claim asserted by the policyholders.
• A federal district court in Illinois has rejected

Northern District Holds That Late Notice Bars Coverage Under Property Policy

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 later.  The insurer, Acadia Insurance

Coverage disputes often center on whether the policy language is clear.  Under the rules of contract construction, unambiguous language in an insurance policy must be given its plain and ordinary meaning.  Sometimes, policyholders try to create an ambiguity despite language that seems clear on its face, or suggest another reason why the language should not