Lindsay McCormick | Marshall Dennehey Florida Statute § 95.11 sets the statutes of limitations for numerous claims, but as it relates to construction-related professional negligence claims, there has been a dispute and uncertainty as to whether the two-year or four-year limitation provisions apply. Under Fla. Stat. § 95.11(4)(a), “an action for professional malpractice, other than… Continue reading Florida District Court Rules Four-Year Statute of Limitations Governs Construction-Based Malpractice Claims Against Design Professionals
Category: Construction Claims
Oregon Court of Appeals Addresses an Insurer’s Duty to Defend and Affirms “Complete Defense” Rule
Matthew H. Mues | Davis Wright Tremaine On September 13, 2023, the Oregon Court of Appeals (“Court”) addressed several arguments made by an insurer, Arrowood Indemnity Company (“Arrowood”), as to why it did not have a duty to defend, or why it should only defend covered claims, in environmental litigation involving the Portland Harbor Superfund… Continue reading Oregon Court of Appeals Addresses an Insurer’s Duty to Defend and Affirms “Complete Defense” Rule
Construction Law and Alternative Dispute Resolution: A Look at Current Trends
Jennifer Grippa, Barry Howard and Christopher Smith | Miles Mediation & Arbitration Construction law encompasses a vast area of state and federal laws, rules, and regulations. Construction lawsuits may include issues of commercial law, contract law, employment law, environmental law, personal injury claims, property law, and regulatory claims, among others, and often involve multiple parties… Continue reading Construction Law and Alternative Dispute Resolution: A Look at Current Trends
The Impact of Conflict of Law on Insurance Claims
John Koch | Flaster Greenberg When determining whether insurance coverage exists for a claim, a crucial consideration is whether the claim involves an event or occurrence that took place in a state other than where the relevant policy was delivered. This is often the case for large companies with national operations or markets. When this… Continue reading The Impact of Conflict of Law on Insurance Claims
Fla. Regulator Approves Roof Endorsements that Could Bar Non-Storm Claims
William Rabb | Claims Journal Despite the Florida Legislature taking major steps to rein in the cost of roof claims and litigation, at least two insurers have come out with broad roof endorsements that seek to bar claims for wear and tear, poor workmanship and design issues – except for damage caused by named storms.… Continue reading Fla. Regulator Approves Roof Endorsements that Could Bar Non-Storm Claims