In Pennsylvania, construction is only able to continue for emergency repairs, construction of health care facilities, and for a select few companies that have been able to attain a waiver. In fact, Pennsylvania is the only state to shut down all active public and private construction sites.1
Continue Reading Builder’s Risk Policy – Why It Might Be a Good Time To Make Sure You Have One In Pennsylvania

Last year, my learned colleague, Shaun Marker, wrote a series of blogs on the ongoing litigation between El-Ad 250 West LLC and Zurich over Superstorm Sandy flood damage and delays in construction under a builders’ risk policy. You can read his articles here.

Continue Reading Flood Sublimit Applies to Delay in Completion Claim Where Delay is Caused by Flood

In honor of the first place Kansas City Royals, I thought I’d share a Missouri case I recently found. I fell in love with the Royals as a little kid when the great George Brett came to my school. Drury Company v. Missouri United School Insurance Counsel,1 also involves a school district and an occurrence in October. A Sub-Contractor won summary judgment even though it was not listed as an insured on the policy. Since the Royals are all about winning too, here it is:


Continue Reading Court Finds Coverage for Subcontractor not Listed as an Insured in Builder’s Risk Policy

Builders risk policies for large projects can be complex and the scope of loss stemming from them can be difficult to measure. But what if a loss causes damage to property that pushes back the date of completion for the project? There could be coverage under the delay in completion policy form or endorsement.


Continue Reading Delay In Completion Losses Under A Builders Risk Policy

If you’re blue and you don’t know where to go to
Why don’t you go where fashion sits,
Puttin’ on the Ritz.
Different types who wear a daycoat, pants with stripes
And cut away coat, perfect fits,
Puttin’ on the Ritz.
Dressed up like a million dollar trouper
Trying hard to look like Gary Cooper (super duper)
Come let’s mix where Rockefellers walk with sticks
Or umbrellas in their mitts
Puttin’ on the Ritz

               – Irving Berlin


I primarily work in the firm’s Tampa office, however earlier this week I braved the cold weather and traveled to our Red Bank, New Jersey office. Our firm represents numerous policyholders whose homes and businesses were damaged as a result of the wind and floods associated with Hurricane Sandy. If you are not familiar with Red Bank, our office is conveniently located across the street from a Marriott hotel where I stayed during my visit. During dinner one night I was discussing with Chip Merlin and Ashley Smith, who also were in Red Bank for a few days, how the Marriott operates and franchises hotels such as the Ritz-Carlton.


Continue Reading “Puttin on the Ritz” – Builder’s Risk Claim Denial