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Sixth Circuit Rejects Attempt to Expand Code-Upgrade Coverage Beyond Policy Sublimit

Ordinance/Law

Property insurance policies often contain ordinance or law sublimits that cap what an insurer will pay for the increased cost of construction necessary to comply with current building codes. A recent Sixth Circuit decision underscores the enforceability of those provisions and rejects attempts to expand them through generalized statements about “full coverage.” In Piatt Lake …

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When to Cry Over Spilled Milk: A Cautionary Tale for Insurers on Payment Handling

Bad Faith, Claim Payments, Public Adjusters

When an insurer issues claim payments, the job isn’t always finished once the check clears. The recent Pennsylvania Superior Court decision in Spilled Milk, Inc. v. Nautilus Insurance Co. (Oct. 28, 2025), serves as a reminder that even well-intentioned payment handling can expose a carrier to breach of contract and bad faith allegations when the …

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Pennsylvania Supreme Court Addresses Venue Transfer

Venue

The Supreme Court of Pennsylvania recently rejected the “key witness” requirement related to a trial court’s assessment of any venue challenge. In short, venue challenges are now more straightforward and – as discussed below – potentially more viable for defendants seeking to avoid what may be considered plaintiff-friendly counties. The case relevant to this blog …

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Why the Cap Rate Matters

Real Estate

Commercial real estate investors will frequently speak of “cap rate,” i.e. capitalization rate, when discussing the present and future value of a property. In our humble opinion many investors/owners could stand to look at this metric more frequently.  An easily calculated formula, Cap Rate is a significant metric for the seasoned commercial real estate investor utilized …

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$187 Million Appraisal Award Vacated in Florida: Here’s Why

Appraisal, Florida

On September 22, 2025, an appraisal award of $187 million was vacated by the U.S. District Court for the Northern District of Florida, because the appraiser selected by the homeowner’s association never actually stated an amount of loss. In Westchester Surplus Lines Ins. Co. v. Portofino Master Homeowners Ass’n Inc., following damage caused by Hurricane …

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The Evolving Application of the “Faulty Workmanship” Exclusion

Faulty Workmanship

For decades, courts applying Pennsylvania law have held that faulty workmanship claims in commercial general liability  (“CGL”) policies do not constitute an “occurrence,” while also concluding that weather-related damages stemming from faulty workmanship also fail to meet the definition of “occurrence.” The well-known, oft-cited, case law supporting these conclusions includes Kvaerner v. Commercial Union Ins. …

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Condo Insurance 101: Why Understanding Coverage Overlap Matters

Condos

When it comes to condominium insurance, one question drives nearly every claim dispute: “Whose policy pays?” The answer depends on how the condominium association’s master policy interacts with each unit owner’s individual coverage—a relationship that is often misunderstood. The Three Master Policy Types Why It Matters These distinctions become critical after a loss. Misunderstandings often …

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Philadelphia Litigation: “Golden Ticket” or Fair Play?

Philadelphia

High-stakes civil litigation in Philadelphia’s Court of Common Pleas — often characterized as Wonka’s “Golden Ticket” — was again analyzed in yesterday’s Philadelphia Inquirer.  Statistics previously released by the court portrayed a plaintiff-friendly venue, sought at all costs by fee-driven, plaintiff lawyers. Additional statistics, unreported by the Inquirer, detail a different story.  In 2024, 12 …

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Observations of the Pennsylvania Attorney Disciplinary Process

General

Pennsylvania’s attorney disciplinary process may be unfamiliar to many practitioners. No attorney contemplates a career involving an ethical review of their conduct within our Commonwealth’s disciplinary system.  Regardless, Pennsylvania attorneys must have familiarity with the disciplinary process and the scope of the Rules of Professional Conduct.  The aim of this Blog is to emphasize that necessary knowledge, while inviting …

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