Florida Appellate Court Holds that Deadline to Report Claims Does Not Nullify Prompt Notice Provision

Evan Holober and Chad Pasternack | Cozen O’Connor Florida’s Third District Court of Appeal recently affirmed a summary judgment entered in favor of a property insurer, holding that there is no conflict between the policy’s three year limitation for reporting hurricane claims and the requirement that the insured give prompt notice. In Navarro v. Citizens Property… Continue reading Florida Appellate Court Holds that Deadline to Report Claims Does Not Nullify Prompt Notice Provision

New California Time-Limited Demand Statute for Insurance Claims Effective Now

Chad W. Dunham | PropertyCasualtyFocus In an effort to promote early resolution of claims and remove ambiguity in bad faith litigation, the California legislature recently passed Senate Bill 1155. Effective January 1, 2023, the bill creates California Code of Civil Procedure Section 999 et seq., a set of rules detailing form requirements for time-limited demands, demand… Continue reading New California Time-Limited Demand Statute for Insurance Claims Effective Now

Claim for Collapse After Demolition of Building Fails

Tred R. Eyerly | Insurance Law Hawaii     After several city citations and the eventual demolition of the insureds’ apartment building, their claim for coverage based on collapse was unsuccessful. Barker v. AmGuard Ins. Co., 2022 U.S. Dist. LEXIS 202069 (W.D. Mo. Nov. 7, 2022).     The plaintiffs purchased a three-story multi-family apartment building… Continue reading Claim for Collapse After Demolition of Building Fails

Global Claims – Are They Worth The Paper They Are Written On?

Clive Holloway | FTI Consulting This article considers the following questions: What is a global claim? How and why do global claims arise? What are the strengths and weaknesses of a global claim? In what situations are global claims appropriate? and can global claims succeed? What Is a Global Claim? As an accomplished construction professional… Continue reading Global Claims – Are They Worth The Paper They Are Written On?

Payment Bond Surety Entitled to Award of Attorneys’ Fees Although Defended by Principal

Garret Murai | California Construction Law Blog For contractors involved in California public works projects the scenario is not uncommon: The general contractor awarded the public works project is required to obtain a payment bond for the benefit of subcontractors and suppliers and the payment bond surety issuing the payment bond requires the general contractor… Continue reading Payment Bond Surety Entitled to Award of Attorneys’ Fees Although Defended by Principal