Kyle Rice | The Subrogation Strategist In Am. Auto. Ins. Co. v. FDH Infrastructure Servs. LLC., No. 3D22-1143, 2023 Fla. App. LEXIS 3662, the Court of Appeals of Florida, Third District (Court of Appeals) addressed whether Florida’s two-year statute of limitations governing professional malpractice actions or four-year statute of limitations governing improvements to real property was… Continue reading Improvement or Malpractice? Florida Court of Appeals Addresses Applicable Statute of Limitations
Category: Insurance
An Uncharted Frontier: Nevada First State to Prohibit Defense-Within-Limits Provisions
Geoffrey B. Fehling and Andrew S. Koelz | Hunton Andrews Kurth Nevada recently became the first state to prohibit defense-within-limits provisions in liability insurance policies. Defense-within-limits provisions—resulting in what’s called “eroding” or “wasting” policies—reduce the policy’s applicable limit of insurance by amounts the insurer pays to defend the policyholder against a claim or suit. These… Continue reading An Uncharted Frontier: Nevada First State to Prohibit Defense-Within-Limits Provisions
First-Step Analysis: Bringing Insurance Litigation Proceedings in USA
Bryce L. Friedman and Karen Cestari | Simpson Thacher & Bartlett Preliminary and jurisdictional considerations in insurance litigation Fora In what fora are insurance disputes litigated? Most insurance disputes are litigated in state or federal trial courts. An insurance action may be subject to original federal court jurisdiction by virtue of the federal diversity statute,… Continue reading First-Step Analysis: Bringing Insurance Litigation Proceedings in USA
Recent Tort Reforms Expected to Have Major Impact on Insurance Litigation in Florida
Jennifer Mathis and Carrie E. Paulsen | Troutman Pepper A wide range of tort reform laws (HB 837) were recently approved by the Florida House and went into effect on March 24. HB 837 is intended to help protect businesses and insurers from excessive litigation in Florida and is expected to make it more difficult… Continue reading Recent Tort Reforms Expected to Have Major Impact on Insurance Litigation in Florida
At a Glance: Construction Contracts and Insurance in USA
Jerry P. Brodsky and Michael S. Zicherman | Peckar & Abramson Contracts and insurance Construction contracts What standard contract forms are used for construction and design? Must the language of the contract be the local language? Are there restrictions on choice of law and the venue for dispute resolution? Many different form contracts are utilised.… Continue reading At a Glance: Construction Contracts and Insurance in USA