Trial Court Sides with Insurers Over Cracked Concrete Foundation

Jason Cleri | Property Insurance Coverage Law Blog | December 15, 2018 In March of 2017, I wrote a blog post about the crumbling foundations in Connecticut due to a concrete company, J.J. Mottes & Company, using concrete that contained pyrrhotite, that cause the concrete to lose integrity and collapse. Many insurance companies have been denying these… Continue reading Trial Court Sides with Insurers Over Cracked Concrete Foundation

Florida Decides Against Adopting Daubert

Rahul Gogineni | Subrogation Strategist | December 12, 2018 In Delisle v. Crane Co., 2018 Fla. LEXIS 1883, 43 Fla. L. Weekly S 459, the Supreme Court of Florida reaffirmed that the appropriate test for admissibility of an expert opinion about new or novel scientific evidence is the “Frye” test, not the “Daubert” test. As result… Continue reading Florida Decides Against Adopting Daubert

A Case Against One-Size-Fits-All Construction Contracts

Chris Bailey, Oliver McEntee, James Castello, Adrian Cole, Mike Stenglein, Simon Dunbar and Jia Lin Hoe | King & Spalding LLP | November 29, 2018 Project development involves careful planning and clear contractual requirements on the front end to help ensure that the project is completed on time and within the budget. Key components of… Continue reading A Case Against One-Size-Fits-All Construction Contracts

Should Insurance Agents Get Sued for Selling Insurance Which Requires Arbitration in a Far Away Location and Deprives Their Customers of Consumer Protection Laws?

Chip Merlin | Property Insurance Coverage Law Blog | December 11, 2018 Why would any insurance agent sell a customer an insurance policy that allows the insurance company to low-ball, delay payment, and otherwise not pay, and then force the insurance customer to obtain justice through an arbitration in a far-away jurisdiction applying foreign law?… Continue reading Should Insurance Agents Get Sued for Selling Insurance Which Requires Arbitration in a Far Away Location and Deprives Their Customers of Consumer Protection Laws?

Court Denies Recovery of Public Adjuster Fees in Breach of Contract Action

Ashley Harris | Property Insurance Coverage Law Blog | December 16, 2018 In Kingshill Hospitality, Inc. v. American Economy Insurance Company,1 the policyholder’s hotel was damaged by a fire. Three days later the policyholder hired a public adjuster to assist in submitting its insurance claim. A dispute arose regarding the amount of loss and the policyholder filed… Continue reading Court Denies Recovery of Public Adjuster Fees in Breach of Contract Action

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