The Timeliness of Construction-Related Lawsuits – Recent Amendments to Fla. Stat. § 95.11(3)(c)

Morgan Foster | Shutts | September 20, 2018 In Florida, the allowed timeframe for bringing a lawsuit based either on a defect in the design, planning, or construction of a building or based on other improvements to real property is governed by Fla. Stat. § 95.11(3)(c).  The Florida Legislature recently passed House Bill 875, effectively… Continue reading The Timeliness of Construction-Related Lawsuits – Recent Amendments to Fla. Stat. § 95.11(3)(c)

Florida Court Clarifies That Pre-Suit Notice for Construction Defect Claims Tolls Statute of Repose

Richard J. Maleski and Joseph F. Rich | Cozen O’Connor | September 20, 2018 Florida imposes a statutory requirement to provide pre-suit notice to recovery targets when the potential claim involves construction defects. While the required notice tolls the statute of limitations for such claims, an open question remained regarding what effect the notice would… Continue reading Florida Court Clarifies That Pre-Suit Notice for Construction Defect Claims Tolls Statute of Repose

Insurance Company Adjuster Training Scripts and Role Paying

Chip Merlin | Property Insurance Coverage Law Blog | September 24, 2018 Insurance companies spend time training their insurance adjusters. Training is a very important. It sets the tone and culture of how the claims department functions. Training can be ethical and professional as discussed by Ken Brownlee in Insurance Companies Must Perform in Good Faith… Continue reading Insurance Company Adjuster Training Scripts and Role Paying

California Passes Law Requiring Insurance Companies Take Specific Measures To Periodically Review The Estimated Replacement Cost Of Structures Insured Under Residential Property Insurance Policies

Lawrence Moon | Property Insurance Coverage Law Blog | September 23, 2018 Last month, California passed legislation that requires residential property insurers to take specific measures to review the estimated cost of rebuilding or repairing structures insured under residential property insurance policies. Assembly Bill 1797 added section 10103.4 to California’s Insurance Code. With certain, limited… Continue reading California Passes Law Requiring Insurance Companies Take Specific Measures To Periodically Review The Estimated Replacement Cost Of Structures Insured Under Residential Property Insurance Policies

Insurance Companies Must Perform in Good Faith Regardless of Their Customer’s Imperfect Actions

Chip Merlin | Property Insurance Coverage Law Blog | September 21, 2018 Insurance companies routinely argue for immunity from their wrongful actions because acts of their customers are not perfect following a loss. Policyholders are not claims specialists. Policyholders generally are not in the insurance claims business much less the civil litigation business which the… Continue reading Insurance Companies Must Perform in Good Faith Regardless of Their Customer’s Imperfect Actions

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