Court Holds Statute of Limitations on Flood Claims is One Year From Date Proof of Loss is Denied

Charles Mathis – Property Insurance Coverage Law Blog – September 25, 2014 On September 15, 2014, United States District Judge, Faith S. Hochberg issued an Order in Kroll v. Johnson, which held the statute of limitations on Superstorm Sandy flood claims is one year from the date the insurance company denies the policyholder’s proof of… Continue reading Court Holds Statute of Limitations on Flood Claims is One Year From Date Proof of Loss is Denied

What law applies to your Construction Contract – Simple or Not?

Ken Goff – Florida Construction Law Authority – September 23, 2014 You have a construction contract for work to be done on a project in Florida. Although hoping that all goes well, it’s your belief that if any legal issues arise, Florida law would apply. That may be correct, since Florida law would generally apply… Continue reading What law applies to your Construction Contract – Simple or Not?

Defective Stairways can be considered a Patent Construction Defect in California

Lockhart Park LP – Construction Lawyers Blog – September 9, 2014 Stairs are not safe!  At least the Court of Appeal in the Second Appellate District of California doesn’t think so. A rail station in Los Angeles was completed by the Los Angeles County Metropolitan Transportation Authority (“MTA”) in 1993.  The rail station was part… Continue reading Defective Stairways can be considered a Patent Construction Defect in California

Nebraska Supreme Court Holds Pollution Exclusion Applicable to Lead Paint Claim

TLSS Insurance Law Blog – September 23, 2014 In its recent decision in State Farm Fire & Casualty Co. v. Dantzler, the Supreme Court of Nebraska had occasion to consider the application of pollution exclusion to an underlying personal injury claim involving an individual’s exposure to lead paint. The case involved coverage under a rental… Continue reading Nebraska Supreme Court Holds Pollution Exclusion Applicable to Lead Paint Claim

Disagreement Over Scope of Damage NOT a Valid Objection to Appraisal Demand in Pennsylvania

Robert Trautmann – Property Insurance Coverage Law Blog – September 24, 2014 We frequently field requests from public adjusters and clients concerning appraisal and scope of damages. The situation arises when appraisal is demanded by the insured and the carrier objects, arguing that appraisal is only for issues of price and cannot be invoked unless there… Continue reading Disagreement Over Scope of Damage NOT a Valid Objection to Appraisal Demand in Pennsylvania