David Adelstein | Florida Construction Legal Updates When it comes to giving your insurance carrier notice of claim, I am an advocate of providing that notice as soon as possible, i.e., prompt notice. The reason is to take away the carrier’s argument to deny coverage because you, as the insured, failed to provide it with prompt… Continue reading Giving Insurance Carrier Prompt Notice of Claim to Avoid “Untimely Notice” Defense
Category: Property Insurance Claims
No Coverage For Claims Made Outside Of Claims-Made Policy Period
Thomas Benjamin Boley | Wiley Rein The United States District Court for the Northern District of Illinois, applying Illinois law, has granted a legal professional liability insurer’s motion for summary judgment, holding that its claims-made policy did not apply to various claims that were first made either before or after the policy period. Twin City Fire… Continue reading No Coverage For Claims Made Outside Of Claims-Made Policy Period
The American Rule Stands? Appellate Court Remands for Prevailing Party to Segregate Between Recoverable and Non-Recoverable Fees
John Mark Goodman | BuildSmart Another week, another fee-shifting case. This ones involves a 28-unit condo project in the Houston Heights neighborhood of Houston (see 2017 Yale Development, LLC v. Steadfast Funding, LLC, 2023 WL 3184028 (Tex. App. May 2, 2023)). The project failed after the developer defaulted on its loans and several contractors filed liens on the property. Litigation ensued. … Continue reading The American Rule Stands? Appellate Court Remands for Prevailing Party to Segregate Between Recoverable and Non-Recoverable Fees
An Insurance Company’s Generic Reservation of Right can Lead to a Waiver of a Late Notice Defense
Anthony Crawford | Red Smith For insurance recovery attorneys, one of the more frustrating ways for a policyholder to lose coverage for a property loss is on the basis of late notice. Property insurance policies generally require the policyholder to give the insurance company “prompt notice” of claims and potential claims. Property policies may specify… Continue reading An Insurance Company’s Generic Reservation of Right can Lead to a Waiver of a Late Notice Defense
Claim Preclusion: The Doctrine Everyone Thinks They Know But No One Really Knows What it Means in Practice
Garret Murai | California Construction Law Blog Generally, I think restraint in litigation is a good thing. Don’t go crazy on your claims, don’t go nut-so in your discovery, and don’t present your case at trial in a way that causes the judge and/or jury to raise their eyebrows or shake their heads in disbelief.… Continue reading Claim Preclusion: The Doctrine Everyone Thinks They Know But No One Really Knows What it Means in Practice