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Five years on from the Grenfell Tower fire, the Building Safety Act 2022 is set to make major changes to the law and practice of the construction industry when it starts to come into force at the end of this month.
The Building Safety Act 2022 became an Act of Parliament on 28 April 2022, bringing with it the most wide-ranging changes to building safety that the UK has ever seen. We consider its impact on the insurance sector.
A Louisiana intermediate appellate court issued its decision in the appeal of Cajun Conti, LLC et al. v. Certain Underwriters at Lloyd’s, London et al., Case No. 2021-CA-0343, on June 15, 2022. The plurality decision of the court is notable as it is the first appellate ruling in the country to have reversed a trial court’s order in favor of insurers and find coverage under standard commercial property policy language for business interruption loss related to the COVID-19 pandemic.
Governor DeSantis signed Senate Bill 2D (“SB 2D”), relating to property insurance, and Senate Bill 4D (“SB 4D”), relating to building safety, into law on May 26, 2022. The bill, SB 2D, enacts pro-consumer measures to help alleviate rising insurance costs, increases insurance claim transparency, and cracks down on frivolous lawsuits which drive up costs for all Floridians. It amends certain prohibited advertisement practices for contractors, and reigns in property insurance bad faith litigation and litigation by assignees.
Property insurance in Spain: consequences of risk aggravation and considerations on mandatory loss adjustment proceedings
In this article, we outline the Spanish Supreme Court decision number 712/2021, which clarifies the consequences of a lack of communication of risk aggravation after a loss occurrence.
Insurance coverage attorneys often face challenges when seeking to enforce policy exclusions on their clients’ behalf. To that end, New York appellate courts have ruled on certain policy exclusions so often that their enforcement is akin to legal doctrine; yet, some exclusions remain virtually untouched by the higher courts, leaving the respective lawyers for policyholders and insurers alike to battle ardently over the meaning of what are otherwise clear, plain terms.
In this report, Kennedys experts highlight some key legal and regulatory developments and provide an overview of the business critical topics that the construction sector and insurers should consider as they plan for operational resilience in 2022 and beyond.
Kennedys continues US growth with the addition of four attorneys in Miami and New York. We are targeting US expansion with the addition of two new partners in two of our East Coast offices. Partner Niva Harney-Hiller is joining our Miami office, bringing with her a special counsel and one associate, while Daniel Marvin joins as partner in our New York office.
Case review 2022-03-25
Court of Appeal upholds first avoidance judgment for breach of duty of fair presentation under the 2015 Act
On Monday 7 March 2022, the Court of Appeal denied the claimant permission to appeal, thus upholding the judgment in Berkshire Assets (West London) Ltd v AXA Insurance UK Plc .
Construction projects are vulnerable to losses. In the UK alone, the increase in frequency and severity of winter storms, flooding, heatwaves or periods of extreme cold all result in additional claims. For those insuring international projects, a detailed understanding of the changing climate in that location is essential. So what can construction insurers do?