Arthur Armstrong and Alexander Corson | Lowenstein Sandler The Second Circuit’s recent decision affirming a $54.2 million recovery for CITGO signals the judiciary’s renewed commitment to a bedrock principle of insurance law: Ambiguous policy language must be construed in favor of coverage. This rule of construction recognizes that insurance policies are risk-transfer products underwritten and… Continue reading Ambiguities Bite Back: Second Circuit Reaffirms Commitment to Construing Ambiguous Terms in Favor of Coverage
Category: Insurance
9204 Meet 8850. Public Works Claims Processes Now Apply to Private Works, With Some Differences
Garret Murai | California Construction Law Blog Contractors working on public works projects are likely familiar with the statutory claims resolution process under Public Contract Code section 9204. Section 9204, which went into effect in 2017, and which has been amended a couple of times since, provides a claims resolution process for public works projects with… Continue reading 9204 Meet 8850. Public Works Claims Processes Now Apply to Private Works, With Some Differences
Statutes Of Repose
Ashley L. Buck (Wilkinson) | Clark Hill In Pennsylvania, statutes of repose materialized in the 1960s in large part as a result of the construction industry’s concerns with respect to ongoing liability for latent defects. Pennsylvania’s Home Inspection Law provides that an action to recover monetary damages arising from a home inspection report must be… Continue reading Statutes Of Repose
Florida Appellate Court Confirms Insurer Cannot Waive Residency Requirement in Homeowners Policy
Stephanie Roman | Property Insurance Law Observer Florida’s Fourth District Court of Appeal recently clarified the enforceability of the “residence-premises” requirement in homeowners’ insurance policies. In Universal Property & Casualty Insurance Company v. Boniface Jean, the appellate court reversed a jury verdict in favor of the homeowner, holding that coverage cannot be created by waiver when… Continue reading Florida Appellate Court Confirms Insurer Cannot Waive Residency Requirement in Homeowners Policy
Beware the Rise in Unproven ‘Brittleness Test’ for Roof Shingle Claims
George Miles | Claims Journal A few years ago, in the early 2020s, it was not unusual to hear about or even see roofing workers in Florida deliberately manipulating roof shingles to make it appear that the roof was damaged by storm winds. I saw evidence of this as I inspected homes around the state… Continue reading Beware the Rise in Unproven ‘Brittleness Test’ for Roof Shingle Claims