Jonathan Bukowski | Property Insurance Coverage Law Blog | October 16, 2018 During the recent Summer 2018 RMAPIA Conference, Larry Bache and I had an opportunity to discuss regulations and remedies available to first party policyholders within the RMAPIA states. Continuing that discussion, this post will review the legal remedies available to Idaho policyholders enduring the frustration of a… Continue reading Idaho Denied or Delayed Property Damage Claims
Category: Insurance Claims
Direct Physical Loss By Tenants Is Excluded Under Policy’s Dishonest or Criminal Acts Exclusion
Christina Phillips | Property Insurance Coverage Law Blog | October 2, 2018 Is loss or damage caused by a tenant covered under an all-risk insurance policy? Like most issues addressed in the Merlin blog posts, the answer is: it depends on the facts and the policy language. The Sixth Circuit in KVG Properties, Inc. v. Westfield… Continue reading Direct Physical Loss By Tenants Is Excluded Under Policy’s Dishonest or Criminal Acts Exclusion
Failure to Plead Plausible Claims Defeats Lawsuit
Barry Zalma | Zalma on Insurance | September 11, 2018 It is the obligation of every lawyer representing a plaintiff to plead plausible claims for relief or find the suit dismissed summarily. In Eileen Coonce v. CSAA Fire & Casualty Insurance Company, and Automobile Club Insurance Company; AAA Fire & Casualty Insurance Company, No. 18-7000, United States… Continue reading Failure to Plead Plausible Claims Defeats Lawsuit
Construction Claim Notice Travesty -Hope On The Horizon?
Henry L. Goldberg | Moritt, hock & Hamroff LLP | September 20, 2018 Many of you who follow our Construction Law Alert know of the acronym I derisively coined on behalf of the industry, namely “COFED” (for “Contractor Forfeiture Enhancement Device”). It refers to the epidemic of wholly unfair and unnecessary contractual notice provisions in public (and increasingly) private sector construction… Continue reading Construction Claim Notice Travesty -Hope On The Horizon?
Florida Court Clarifies That Pre-Suit Notice for Construction Defect Claims Tolls Statute of Repose
Richard J. Maleski and Joseph F. Rich | Cozen O’Connor | September 20, 2018 Florida imposes a statutory requirement to provide pre-suit notice to recovery targets when the potential claim involves construction defects. While the required notice tolls the statute of limitations for such claims, an open question remained regarding what effect the notice would… Continue reading Florida Court Clarifies That Pre-Suit Notice for Construction Defect Claims Tolls Statute of Repose