Publications

Course of Construction (COC) exclusions are commonly added to Commercial General Liability policies to prevent overlap with Builder’s Risk coverage, but they can also create significant gaps in protection for owners, developers, and contractors. This article examines how COC exclusions interact with Builder’s Risk policies, the unique challenges they present for phased construction projects, and practical strategies for negotiating policy language and contractual provisions to help minimize coverage gaps and strengthen risk transfer.

In a recent decision, the New Jersey Supreme Court clarified when an insurer’s reservation of rights is sufficient to preserve its ability to later deny coverage. Examining Mist Pharmaceuticals, LLC v. Berkley Insurance Co., this article discusses the court’s analysis of reservation of rights letters, policy exclusions, and estoppel, while highlighting important considerations for policyholders when evaluating an insurer’s coverage position throughout the claims process.

1. Introduction As part of the multinational collaborative relationship between Saxe Doernberger & Vita, P.C. and Fenchurch Law, we continually find ourselves in conversations about the sometimes subtle but sometimes drastic differences between risk management and coverage considerations from one country to the next. These differences are often highlighted by the fallout from large catastrophic […]

Artificial intelligence has rapidly become embedded in everyday business operations. Companies now deploy AI tools to interact with customers, generate reports, assist employees, and automate decision-making across a wide range of industries. Much of the legal commentary surrounding artificial intelligence has focused on issues such as data privacy, intellectual property, and regulatory oversight. However, an equally important—and largely […]

In a recent Seventh Circuit decision, Atlanta Gas Light Company v. Navigators Insurance Company, the court addressed a theme that policyholders are often confronted with by insurers – insurers disputing additional insured coverage where the named insured is not named in the underlying action. The court aptly rejected this position since it was undisputed that the bodily injuries alleged in the underlying lawsuits were due to a gas explosion that was “caused, in whole or in part, by” the named insured’s acts or omissions.

Originally published on IRMI.com, copyright 2026 International Risk Management Institute, Inc.

Subcontractor employee bodily injury claims (so-called action over claims) are a staple of construction risk management in the Empire State—so much so that the phrase “labor law” instinctively invites a shudder among the most experienced general contractors. The savvy among them intensely monitor case law developments and the evolution of the insurance market to ensure a cutting-edge, meticulously developed downstream risk transfer plan. And when guidance arrives from an appellate-level court, it’s a moment to take note.

In Connecticut, the “make whole doctrine” enables an insured to have priority for money recovered from a tortfeasor over an insurer’s right to the same source of money, where the amount paid by the insurer is insufficient to fully compensate its insured for the loss suffered.  Hence, by law (absent a contractual agreement stating otherwise), […]

The insurance landscape continues to evolve, shaped by litigation that tests the limits of policy language, coverage obligations, and public policy considerations. In 2025, courts across the country issued several significant rulings that will influence how insurers and policyholders navigate claims and risks. Notable trends in 2025 include disputes over property coverage for wildfire and […]

PUBLISHED IN THE BRIEF, VOLUME 55, NUMBER 1, FALL 2025. © 2025 BY THE AMERICAN BAR ASSOCIATION. REPRODUCED WITH PERMISSION. ALL RIGHTS RESERVED. THIS INFORMATION OR ANY PORTION THEREOF MAY NOT BE COPIED OR DISSEMINATED IN ANY FORM OR BY ANY MEANS OR STORED IN AN ELECTRONIC DATABASE OR RETRIEVAL SYSTEM WITHOUT THE EXPRESS WRITTEN […]

Alexander Hopkins recently authored a guest post for The D&O Diary: “Global AI Regulations: D&O Liability Implications in a Changing Legal Landscape.”As AI continues to transform industries, directors and officers face an increasingly complex web of regulations across the jurisdictions-including the U.S., Canada, Mexico, the UK, the EU, and China. In his article, Alex breaks […]

Partner Will Bennett contributes to the latest Engineering News-Record’s Risk Management & Insurance Today Special Advertising Section, “Contracts and Conditions.” The article explores the complex risk landscape of construction joint ventures and the importance of aligning JV agreements with insurance programs. As Will notes, “It is not intuitive to get a JV agreement and all […]

In her recent article, “Digital Defense: Covering Your Cyber Risk,” published in URMIA – University Risk Management & Insurance Association Insights, October 2025 Issue, Rachel Pearson explores the growing threat of cyberattacks in higher education and the critical role of risk assessment and appropriate insurance in mitigating an institution’s exposure. With data breaches costing an […]