Rodney L. Lewis | Polsinelli | September 24, 2019 Law and policy Definitions Is there any legal definition in your jurisdiction of the terms ‘ADR’, ‘conciliation’ and ‘mediation’? Alternative dispute resolution (ADR) is a programme that encourages settlements outside the traditional enforcement process. ADR’s purpose is to help parties find mutually satisfactory solutions to their… Continue reading Mediation in USA
Month: October 2019
Is Failing to Comply With a Post-Loss Duty an Automatic Bar to Recovery?
Christina Potter | Property Insurance Coverage Law Blog | October 15, 2019 In Florida, if an insured fails to meet a post-loss obligation, is it a complete bar to recovery? In a recent decision, the Third District Court of Appeal certified conflict with the Fourth District Court of Appeal and held that an insurer must… Continue reading Is Failing to Comply With a Post-Loss Duty an Automatic Bar to Recovery?
Building a Case: Document Management for Construction Litigation
Robert A. Gallagher, Jane Fox Lehman and Michael I. Frankel | Pepper Hamilton | October 2, 2019 Success in construction litigation often turns less on counsel’s ability to craft legal arguments and more on counsel’s ability to gather, master and present the often complex set of facts underlying the case. In construction matters, most of… Continue reading Building a Case: Document Management for Construction Litigation
Insurance Companies Should Be Accountable For Not Including Legally Required Costs Of Safe Construction
Chip Merlin | Property Insurance Coverage Law Blog | October 14, 2019 Safety is first. But that is not the course of affairs when dealing with insurance company adjusters who usually say that they will not include the costs of legally required safe construction practices because their managers will not allow those costs. Why do… Continue reading Insurance Companies Should Be Accountable For Not Including Legally Required Costs Of Safe Construction
Failure of Insured to Provide Requested Documents Triggers Appraisal Under First Party Insurance Policy
Paul Ferland | Property Insurance Law Observer | October 14, 2019 Those familiar with first party insurance policies have undoubtedly encountered a recurring issue with the interpretation of appraisal provisions – what does it mean to disagree on the amount of loss? In Valvano Realty Co. v. American Fire and Casualty Co., the United States District… Continue reading Failure of Insured to Provide Requested Documents Triggers Appraisal Under First Party Insurance Policy