Todd A. Macleod, Esq. | Florida Construction Law News If construction defect claims are not timely filed, Florida Statutes provide design and construction companies with a formidable defense. As a case in point, a Miami-Dade Circuit Court Judge issued an Order granting summary judgment based on Fla. Stat. § 95.11(3)(c), Florida’s Statute of Limitations governing… Continue reading Construction Defect Claim Not Timely Filed
Category: Insurance Claims
Court Denies Insurer’s Motion to Dismiss Collapse Claim
Tred R. Eyerly | Insurance Law Hawaii Facing yet another collapse claim based upon alleged poorly mixed cement, the Federal District Court in Connecticut denied the insurer’s motion to dismiss. Oliveria v. Safeco Ins Co., 2019 U.S. Dist. LEXIS 147256 (D. Conn. Aug. 29, 2019). In 1993, the insureds’ purchased their home that… Continue reading Court Denies Insurer’s Motion to Dismiss Collapse Claim
Find Your Footing: Don’t Stumble When it Comes to Slip-and-Fall Claims
Carie Hall | Rumberger Kirk Some regard slip-and-fall claims as nuisance litigation and often make billboard plaintiffs’ lawyers the butt of jokes. But, occasionally, these claims represent catastrophic injuries with verdicts to match, and even garden variety slip-and-fall claims expose companies to expense and aggravation. Slip-and-fall accidents are by far the most prevalent accidents for… Continue reading Find Your Footing: Don’t Stumble When it Comes to Slip-and-Fall Claims
Montana Supreme Court: Insurer Not Bound by Insured’s Settlement
K. Alexandra Byrd | SDV Insights | October 24, 2019 In Draggin’ Y Cattle Co., Inc. v. Junkermier, et al.1 the Montana Supreme Court held that where an insurer defends its insured and the insured subsequently settles the claims without an insurer’s participation, a court may approve the settlement as between the underlying plaintiff and underlying defendant,… Continue reading Montana Supreme Court: Insurer Not Bound by Insured’s Settlement
Insurer Must Pay for Matching Siding of Insured’s Buildings
Tred R. Eyerly | Insurance Law Hawaii | September 11, 2019 The Seventh Circuit found that the insurer was obligated to pay for siding of a building that was not damaged by hail so that it matched the replaced damaged portions of the siding. Windridge of Naperville Condominium Association v. Philadelphia Indem. Ins. Co.,… Continue reading Insurer Must Pay for Matching Siding of Insured’s Buildings