Is A Licensed Public Adjuster Disqualified To Act As An Appraiser For Somebody Other Than A Policyholder?

Chip Merlin | Property Insurance Coverage Law Blog | March 16, 2019 Public adjuster Stephanie Lee approached me at the Win The Storm conference with an intriguing question—could she be appointed by a contractor holding an Assignment of Claim as the contractor’s appraiser in an appraisal? My first thought, and I bet it is the same thought… Continue reading Is A Licensed Public Adjuster Disqualified To Act As An Appraiser For Somebody Other Than A Policyholder?

Appellate Court asks Florida Supreme Court: What Kind of Damages Are Repair Costs?

Amandeep S. Kahlon | Bradley Arant Boult Cummings | February 26, 2019 On January 25, 2019, a Florida appellate court certified the following question to the Florida Supreme Court: WHERE A CONTRACT EXPRESSLY REQUIRES A PARTY TO INSPECT, MONITOR, AND OBSERVE CONSTRUCTION WORK AND TO DETERMINE THE SUITABILITY OF MATERIALS USED IN THE CONSTRUCTION, BUT… Continue reading Appellate Court asks Florida Supreme Court: What Kind of Damages Are Repair Costs?

Are Market Conduct Examiners Listening to Common Property Insurance Claims Complaints?

Chip Merlin | Property Insurance Coverage Law Blog | March 18, 2019 Market conduct examinations of insurance company claims practices are important. Do you think that examiners are listening to the same repetitive complaints I hear from policyholders, contractors, roofers, public adjusters and other lawyers at the various seminars and trade shows I attend? Many market… Continue reading Are Market Conduct Examiners Listening to Common Property Insurance Claims Complaints?

Lessons Learned from Recent Cases: The Importance of Your Contracts with Service Providers

Robert Dawkins | Borden Ladner Gervais | March 7, 2019 We recently completed an occupier’s liability lawsuit for a hospital that involved the contract between the hospital and its parking contractor. This case demonstrates the importance of having clear contracts that document the respective responsibilities of the institution and its service provider. Facts and Allegations… Continue reading Lessons Learned from Recent Cases: The Importance of Your Contracts with Service Providers

The Supreme Court of Texas Clarifies That a Party Can Testify as an Expert Witness without Waiving the Attorney-Client Privilege

Donnie Apodaca | Avoiding Insurance Bad Faith | March 12, 2019 Litigation usually involves complex issues related to technology, products, or business processes. In many cases, clients are the best subject-matter experts of their craft. Nevertheless, attorneys are sometimes hesitant to designate a client or a client’s employee as an expert witness for fear of… Continue reading The Supreme Court of Texas Clarifies That a Party Can Testify as an Expert Witness without Waiving the Attorney-Client Privilege

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