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.

Forecasters predict a historic El Niño cycle that typically brings fewer Atlantic hurricanes, yet disaster preparedness experts warn that a single storm can cause devastating damage.

The United States Court of Appeals for the Eighth Circuit, applying Missouri law, affirmed dismissal of a court-appointed receiver’s claims against an insurer seeking coverage for the receivership action, holding that the receiver’s demands for coverage did not constitute a “Claim” against an insured, nor did the receiver adequately allege covered “Loss.”

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.

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