Tred R. Eyerly | Insurance Law Hawaii The Florida Court of Appeal overturned the jury’s verdict findng loss caused by collapse. Universal Prop. & Cas. Ins. Co. v. Caboverde, 2023 Fla. App. LEXIS 4474 (Fla. Ct. App. June 28, 2023). The insured homeowners had two claims. One was a 2016 ceiling collapse;… Continue reading Jury’s Verdict for Loss Caused by Collapse Overturned
Category: Insurance
Construction Litigation Roundup: “Builder’s Risk Indeed”
Daniel Lund III | Phelps Dunbar A contractor for a hotel in Seattle was tasked with constructing the hotel utilizing premanufactured modular hotel rooms. The modular unit portion of the project was the subject of a $15.8 million subcontract between the general contractor and the manufacturer. The manufacturer was also responsible to the GC for… Continue reading Construction Litigation Roundup: “Builder’s Risk Indeed”
First Circuit Holds No Coverage Where Insured Failed to Provide Timely Notice of Claim
Emily Hart | Wiley Rein The United States Court of Appeals for the First Circuit, applying Massachusetts law, held that no coverage was available for a lawsuit because the insured failed to provide timely notice to the insurer. Nahant Preservation Trust, Inc. v. Mount Vernon Fire Ins. Co., 2023 WL 5266290 (1st Cir. Aug. 16, 2023).… Continue reading First Circuit Holds No Coverage Where Insured Failed to Provide Timely Notice of Claim
Nevada Update: Nevada Commissioner of Insurance Updates Burning Limits Statute with Emergency Regulation
William S. Bennett | SDV Insights Following significant backlash in reaction to the Nevada legislature’s new law prohibiting enforcement of any provisions in liability insurance policies dictating that defense costs are included within the limits of insurance, the Nevada Division of Insurance issued an emergency regulation further clarifying the law.1 The regulation modifies two key… Continue reading Nevada Update: Nevada Commissioner of Insurance Updates Burning Limits Statute with Emergency Regulation
Insurers May be on-the-hook for Pre-Suit Attorney’s Fees, but Can Avoid Them by Considering Pre-Suit Settlement
Vincent Fernandez, Jamal McBroom, Michael Montgomery and Samantha Wuschke | Butler Weihmuller Katz Craig Tendering policy limits to an insured in response to a Notice of Intent to Litigate, under section 627.70152, Florida Statutes (2021), precludes insureds from recovering pre-suit attorney’s fees from their property insurers in a subsequently filed litigation for the same claim.… Continue reading Insurers May be on-the-hook for Pre-Suit Attorney’s Fees, but Can Avoid Them by Considering Pre-Suit Settlement