David Adelstein | Florida Construction Legal Updates Have you heard the expression “nondelegable duty”? The issue of a nondelegable duty comes into play when a party hires an independent contractor and the independent contractor commits negligence, primarily in the personal injury context. In other words, a plaintiff wants to hold a defendant liable for the injuries caused by… Continue reading Nondelegable Duties
Category: Insurance
Getting Control of an Accident Scene and Ensuring Evidence is Preserved
Ryan Bennett and Melissa Kenney | White and Williams Welcome back to another episode of Subro Sessions I’m Ryan Bennett, an associate in the Subrogation department at White and Williams, I’m happy to be joined by fellow associate Melissa Kenney. Hey Ryan, happy to be here today. Ryan: In today’s episode we will discuss the… Continue reading Getting Control of an Accident Scene and Ensuring Evidence is Preserved
The Problem(s) With Hail Claims, Part 1: A Cautionary Tale for Insureds and Insurers
Bill Wilson | Claims Journal Last year while I was out of town, a roofing company showed up at my home and told my wife there had been a hailstorm recently, so they were visiting impacted neighborhoods and providing free inspection services. She let them on the roof and, of course, they found extensive hail… Continue reading The Problem(s) With Hail Claims, Part 1: A Cautionary Tale for Insureds and Insurers
What Is Reasonable Care for Maintaining Heat in an Unoccupied Home?
Ashley Eldridge and Paul Ferland | Property Insurance Law Observer The New York Supreme Court recently weighed in on what constitutes “reasonable care” to maintain heat in the context of a first-party insurance policy exclusion requiring such reasonable care. In Michael Zimmerman v. Leatherstocking Cooperative Insurance Company, CV-23-0362, 2024 NY Slip Op 02113 (April 18, 2024),… Continue reading What Is Reasonable Care for Maintaining Heat in an Unoccupied Home?
Avoid Litigation in Multiple Forums – Check the Additional Insured Endorsement
R Thomas Dunn and Sheya Rivard | Pierce Atwood While lawyers often advise owner and contractor clients to obtain the additional insured endorsements, the certificate of insurance (COI) remains the most common form of proof provided on many construction projects. But the COI does not contain the language of the additional insured coverage, and it… Continue reading Avoid Litigation in Multiple Forums – Check the Additional Insured Endorsement