An earthquake in Manhattan? Bet you didn’t have that on your 2024 bingo card. Yet on April 6, a 4.8-magnitude earthquake sent people scrambling outside their homes and offices, not just in New York but throughout the larger Northeast, spanning as far south as Philadelphia and as far north as Boston. Of course, earthquakes are...

For nearly 50 years, Texas has imposed a ten-year statute of repose on suits against builders or contractors who construct or repair improvements to real property.  On June 9, 2023, House Bill 2024 amended Section 16.009 of the Texas Civil Practice and Remedies Code to create a shorter, six-year repose period in certain circumstances. About...

At one time or another, most subrogation professionals have struggled to track down an actual or alleged independent contractor involved with some scope of work relating to a loss.  In some cases, we also find that defenses are being raised that someone was an independent contractor versus a direct employee.  Often, we have to rely...

Oftentimes, in claims arising out of losses on construction projects, the insurer will need to undertake a detailed analysis as to whether a potentially responsible general contractor or subcontractor can be pursued for its negligent acts or omissions that resulted in the damages.  Contractors repeatedly raise defenses to claims by insurers by relying upon purported...