On December 18, 2025, Foran Glennon shareholder Matthew Ponzi obtained summary judgment in a builders risk policy dispute in which a general contractor sought over $5 million from the firm’s insurance client for “extra expenses” in labor and equipment during two flooding events, and penalties and interest. The United States District Court for the Eastern District of Missouri granted summary judgment to the firm’s client on all counts.
The case arose from two “extra expense” claims filed by a general contractor during a multi-year bridge renovation project between Missouri and Illinois, where two Mississippi River flood events caused damage, work stoppages and project delays. The plaintiff alleged that idle equipment and labor costs during the work stoppages were covered as “extra expenses” under the builder’s risk policy.
Our client moved for summary judgment, arguing that the policy offered no coverage for the plaintiff’s claims, as the costs incurred during the work stoppages were not “extra expenses” because they were the same costs that the plaintiff would have incurred had work not stopped due to the flooding; thus the costs were not “over and above” the expenses that would normally have been incurred during the same period absent the floods. Any increased labor and equipment costs would be addressed, if at all, under the Delay In Opening coverage extension if the flooding ultimately caused a delay in the project schedule. The client also argued it had not acted in a “vexatious and unreasonable manner,” again noting there was no coverage for the plaintiff’s claim for Extra Expenses.
The Court agreed that the client did not breach their insurance contract and granted summary judgment on all counts. The Court held that the plain language of the policy explicitly requires additional expenses to be incurred during the “period of restoration and repair” to qualify as “extra expenses,” and that the plaintiff incurred no expenses that were “over and above the total costs that would normally have been incurred” during the two periods of restoration and repair.
Matt concentrates his practice in insurance coverage and commercial litigation, specifically in the analysis and litigation of commercial property, liability and reinsurance claims. Clients trust his extensive trial experience at both the federal and state levels when faced with challenging litigation matters.