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
Category: Insurance
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
Rhode Island Affirms The Principle That Sureties Must be Provided Notice of Default Before They Can be Held Liable for Principal’s Default
Dennis Cavanaugh and Tasnuva Islam | Construction Law Zone Most bond forms in use today, including the standard form AIA A312-2010, contain express condition precedents that trigger a surety’s obligations under the bond. Under a performance bond, the bond obligee is required to provide formal notice to the surety that the principal has materially defaulted… Continue reading Rhode Island Affirms The Principle That Sureties Must be Provided Notice of Default Before They Can be Held Liable for Principal’s Default
Construction-Defect Subrogation on the Rise But it Just Became More Difficult in Florida
William Rabb | Insurance Journal Florida lawmakers this year approved a measure that could help reduce liability insurance premiums for home and condo builders – and limit exposure and litigation for liability insurers. But Senate Bill 360, which took effect in April, could also make it more difficult for property insurers to bring construction-defect subrogation… Continue reading Construction-Defect Subrogation on the Rise But it Just Became More Difficult in Florida