Nathan Cazier and Scott Thomas | Payne & Fears The United States Court of Appeals for the Fifth Circuit recently confirmed that liability insurers have a duty to defend their insureds in construction defect cases when the underlying complaint alleges damage to property beyond the product and work of the insured – even if the… Continue reading Fifth Circuit Confirms: Insurer Must Defend Despite Your Work/Your Product Exclusion
Category: Property Insurance Claims
Right to Repair Unintended Utilization
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
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
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?
Florida Personal Injury Lawyers Answer Six Common Questions Asked About Slip and Fall Lawsuits
Searcy Denney Scarola Barnhart & Shipley Slip and fall accidents in Florida depend primarily on the facts of a claim and can become very complex very quickly. Because of this, slip and fall claims are all unique in their own ways, and there are no “templates” for successfully establishing such claims. Read on as the… Continue reading Florida Personal Injury Lawyers Answer Six Common Questions Asked About Slip and Fall Lawsuits