Alycen A. Moss and Elliot Kerzner | Property Insurance Law Observer In determining when the work product doctrine is triggered, the Northern District of Illinois recently held that, rather than adopting a bright-line rule, the issue should be decided on a case-by-case basis at the court’s discretion. In Club Gene and Georgetti, LP v. XL Insurance… Continue reading Claim Investigation Not Necessarily Protected by Work Product Doctrine in Illinois
Category: Insurance Claims
Developer Pre-Conditions in CC&Rs Limiting Ability of HOA to Make Construction Defect Claims, Found Unenforceable
Garret Murai | California Construction Law Blog The Davis-Stirling Common Interest Development Act (Civ. Code §4000, et seq.), also known simply as “Davis-Stirling,” is a statute that applies to condominium, cooperative and planned unit development communities in California. The statute, which governs the formation and management of homeowners associations or HOAs, also governs lawsuits filed by… Continue reading Developer Pre-Conditions in CC&Rs Limiting Ability of HOA to Make Construction Defect Claims, Found Unenforceable
Exclusion for Construction of Condominiums Includes Faulty Construction of Retaining Wall
Tred R. Eyerly | Insurance Law Hawaii The exclusion for suits arising out of construction of condominiums encompassed the underlying claim for faulty construction of a retaining wall. HT Serv., LLC v. Western Heritage Ins. Co., 2021 U.S. App. LEXIS 16259 (10th Cir. June 1, 2021). HT Services was a land developer.… Continue reading Exclusion for Construction of Condominiums Includes Faulty Construction of Retaining Wall
Risk Assessment — Construction Claims: How to Calculate the Recoverable Costs and Damages
Amandeep Kahlon | Bradley Arant Boult Cummings When negotiating a complex change order or preparing to litigate a claim, calculating actual recoverable costs incurred can be a difficult exercise. You will want to first review your contract to determine what kinds of costs are compensable. For example, the change order provision of your contract may provide… Continue reading Risk Assessment — Construction Claims: How to Calculate the Recoverable Costs and Damages
Florida Enacts Significant Reform Impacting Property Insurance Claims
Scott Seaman and Daniel Shatz | Insights for Insurers Earlier this month, Florida Governor Ron DeSantis signed into law S.B. 76, enacting significant property insurance claim reform in the State of Florida that becomes effective on July 1, 2021. We summarize some of the highlights below. Regulation of Contractors and Public Adjusters Section One creates Florida… Continue reading Florida Enacts Significant Reform Impacting Property Insurance Claims