United States: Insurance

Commercial and residential construction projects expose property owners and general contractors to significant risks arising from personal injury, property damage and construction defect claims. Contract documents can help allocate those risks to the responsible parties, while insurance can protect against losses that cannot be avoided or fully transferred. Common risk management tools include contractual indemnity, prevailing-party attorneys’ fees provisions, insurance requirements and early alternative dispute resolution (ADR) clauses.

Colorado law has long distinguished between the duty to defend and the duty to indemnify in litigation, but the state's construction anti-indemnity statute creates an unresolved tension with this traditional framework. When construction agreements are governed by statutory limits on risk transfer tied to proportional fault, how does a present duty to defend operate before that fault has been determined? This intersection of established legal principles awaits definitive appellate guidance.

The Supreme Court of Ohio has issued a landmark decision reinforcing the finality of binding insurance appraisal awards, establishing that courts will only set aside such awards in exceptional circumstances involving fraud or manifest mistake. The ruling clarifies the stringent pleading requirements parties must meet when attempting to challenge completed appraisals, particularly when alleging newly discovered property damage. This decision has significant implications for how property insurance disputes ar

On 14 July 2026, the UK’s Prudential Regulation Authority (PRA) and Financial Conduct Authority (FCA) published Consultation Paper CP11/26 and Consultation Paper CP26/29, respectively, within which proposals, including draft rules, have been put forward for the introduction of a “tailored regime for captive insurance” in the UK (the Consultation Papers).

Life and health insurers in the U.S. should take note of a development from the National Association of Insurance Commissioners (NAIC) regarding their ability to reduce collateral requirements for ceded reinsurance under certain circumstances.

This page appears to be a cookie consent notice and privacy settings interface for a law firm's website. It provides users with information about cookie usage and options to manage their privacy preferences while browsing the site.