Victor Jacobellis | Property Insurance Coverage Law Blog | September 21, 2019 In California, the moment an insured obtains a repair estimate that exceeds the insurer’s estimate, the insurer must either pay the difference or adjust its original estimate. This rule is set forth in the Fair Claims Settlement Practices Act, 10 Cal. Code Regs. § 2695.9(d).… Continue reading Insurance Regulations Prohibit an Insurer From Just Standing By Its Repair Estimate When An Insured’s Estimate Demonstrates the Cost to Repair Is More – Another California Practice Tip
Month: September 2019
Association Construction Contracts – What Are Risks Of That Waiver Of Subrogation Term
Daniel Miske | Husch Blackwell | September 19, 2019 Summary The US Court of Appeals for the 4th Circuit held that a subrogation waiver provision in a construction contract barred an association’s insurance company from seeking to recover from an allegedly negligent contractor. Facts United National Insurance Company v. Peninsula Roofing Company, Inc.: Pelican Beach Condominium… Continue reading Association Construction Contracts – What Are Risks Of That Waiver Of Subrogation Term
Does The Christian Doctrine Apply To Subcontractors?
George Stewart, III | Husch Blackwell | September 16, 2019 Under the Christian Doctrine, prime contractors face the risk of having a court or a board of contract appeals read a clause into their contracts, even if it was omitted from the contract that they signed. In this entry we discuss whether the Christian Doctrine applies to subcontractors. The Christian Doctrine… Continue reading Does The Christian Doctrine Apply To Subcontractors?
English v. RKK. . . The Saga Continues
Christopher G. Hill | Construction Law Musings | September 18, 2019 Remember back in 2018 when I thought I’d told you the end of the English Construction story regarding its various consultants, etc.? I was wrong. The matter went up on appeal to the 4th Circuit Court of Appeals where the Appeals Court considered the summary judgment granted to… Continue reading English v. RKK. . . The Saga Continues
Florida Court Holds It Was “Miscarriage of Justice” to Deny Insurer Award of Appellate Fees
Daniel G. Enriquez | Property Casualty Focus | September 18, 2019 Florida’s offer of judgment statute, Florida Statutes section 768.79, is a common technique for any litigator who wants to place additional risk on the plaintiff. The statute provides that if a defendant in a civil suit files an offer of judgment that is not… Continue reading Florida Court Holds It Was “Miscarriage of Justice” to Deny Insurer Award of Appellate Fees