Peter Selvin | Ervin Cohen & Jessup Construction defect cases often involve damage claims beyond simply the cost to repair the allegedly defective unit or component. These consequential damages may include damages for loss of use, expenses for mitigation and even attorney fees. For this reason, builders, suppliers, contractors and subcontractors who are faced with… Continue reading Construction Defect Damages May Exceed Cost To Repair
Category: Property Insurance Claims
Claim Investigation Not Necessarily Protected by Work Product Doctrine in Illinois
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
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
Appraisal Process Tolls Contractual Suit Limitation Period Even For Non-Covered Claims
Alycen A. Moss and Elliot Kerzner | Property Insurance Law Observer The Eleventh Circuit Court of Appeals recently held that, under Georgia law, an appraisal process tolled a commercial property policy’s two-year contractual suit limitation period even for non-covered claims. In Omni Health Solutions, LLC v. Zurich Am. Ins. Co., No. 19-12406, 2021 WL 2025146 (11th… Continue reading Appraisal Process Tolls Contractual Suit Limitation Period Even For Non-Covered Claims
A Look Inside Florida’s Recent Property Insurance Reform
John Daid Dickenson and Chad A. Pasternack | Property Insurance Law Observer Two years after implementing meaningful assignment of benefits reform, Florida enacted broader property insurance claim reform. On June 11, 2021, Governor DeSantis sign S.B. 76, which takes effect on July 1, 2021. S.B. 76 focuses on reducing insurance claim litigation by, amongst other things,… Continue reading A Look Inside Florida’s Recent Property Insurance Reform