Stephanie Eaton | Spilman Thomas & Battle Are design professionals involved in your Florida project? If so, then you need to be aware of this newly decided case. The U.S. District Court for the Middle District of Florida, in Orlando, issued an Order on July 11, 2025, confirming that in Florida, remediation costs for defective… Continue reading Building Design Disputes – New Analysis of Direct v. Consequential Damages in Florida
Category: Insurance
The Made-Whole Doctrine and Deductibles
Timothy P. Law and Esther Y. Kim | Reed Smith The made-whole doctrine (also known as the make-whole doctrine or the full compensation rule) is an equitable principle requiring a policyholder to be made whole for its loss before an insurance company can exercise its subrogation rights against a third party. It is essentially a… Continue reading The Made-Whole Doctrine and Deductibles
Pre-Policy Email Does Not Constitute A Claim
Elizabeth Fisher | Wiley The United States District Court for the Southern District of California, applying California law, has held that an email issued to an insured homeowners association (“HOA”) before the inception of the relevant claims-made policy did not constitute a “Claim” because it failed to identify a specific process that the insured could… Continue reading Pre-Policy Email Does Not Constitute A Claim
Understanding Appeal Bond Exposure: Key Considerations for Claims Professionals
Griffin Terry Sumner | Frost Brown Todd It’s a $20 million excess judgment. Your insured needs an appeal bond, but your liability insurance policy only covers $5 million. Are you liable for the full $20 million supersedeas bond amount or just your pro-rata share? In some jurisdictions, you could be on the hook for the… Continue reading Understanding Appeal Bond Exposure: Key Considerations for Claims Professionals
Oregon Supreme Court Expands Meaning of “Accident” in Insurance Policy
Blake Robinson | Davis Wright Tremaine Key Takeaways On February 15, 2023, the Oregon Court of Appeals issued a decision holding that a claim for breach of a settlement agreement did not trigger an insurance policy because a breach of contract was not an “accident” under the policy, even though the alleged breach was negligently… Continue reading Oregon Supreme Court Expands Meaning of “Accident” in Insurance Policy