Advise & Consult, Inc. “Right to Repair” is a trend, that while becoming an increasingly popular option given that property insurance policies include wording giving insurers this power. Unfortunately, while becoming more common, and while the provision sounds like a good idea in theory, is not being utilized by insurers in the way that was… Continue reading Right to Repair Unintended Utilization
Category: Insurance Claims
Colorado Enforces Ambiguous Limitation of Liability Clauses
Kelly Smith | Snell & Wilmer On September 23, 2021, the Colorado Court of Appeals issued its opinion in Johnson Nathan Strohe, P.C. v. MEP Engineering, Inc., addressing a matter of first impression. The court of appeals held for the first time that an ambiguous limitation of liability clause may be enforced. This stands in contrast… Continue reading Colorado Enforces Ambiguous Limitation of Liability Clauses
5 Things You Should Know About the Proposed Revisions to Florida’s Construction Defect Statute
Jeffrey S. Wertman | Berger Singerman A new bill making its way through the Florida Legislature, SB 736, if enacted into law, will significantly affect future construction defect claims. Here is what you should know: Four Year Statute of Repose. The law will effectively eliminate the 10-year latent defect exception to the statute of repose.… Continue reading 5 Things You Should Know About the Proposed Revisions to Florida’s Construction Defect Statute
Florida’s Statute Of Repose – Elimination Of Stale Claims
Anthony S. Wong and Lee H Jeansonne | Wood, Smith, Henning & Berman Big changes may be on the horizon for Florida statute of repose for construction claims. Florida SB 2022-736 proposes to amend Fla. Stat. §95.11(3)(c) to eliminate the distinction between patent and latent claims and apply a uniform four year statute of repose… Continue reading Florida’s Statute Of Repose – Elimination Of Stale Claims
What Should Slip and Fall Accident Victims do to Prove Liability in their Case?
Searcy Denney Scarola Barnhart & Shipley Slip and fall accidents in Florida are complicated and fact-dependent. Put another way, slip and fall accidents depend heavily on the actual facts of the claim. All such claims are different and unique in their own specific ways. Further compounding the issue is the complexity of the laws in… Continue reading What Should Slip and Fall Accident Victims do to Prove Liability in their Case?