Shaun Marker – August 30, 2014 On several occasions the following insurance industry argument has been addressed on this blog: the insurance company argues that since a claim proceeded to the contractual alternative dispute resolution process of appraisal and that it paid the award amount, there cannot be a bad faith case brought against it… Continue reading In Florida, an Appraisal Award May Be a Final Determination of Liability For a Bad Faith Case
“Construction Alert” Texas Supreme Court Confirms Owners May Bring Negligence Claim Directly Against Subcontractors
Business Risk Exclusions Bar Coverage for Construction Defect Claims
Tred Eyerly – August 25, 2014 The homeowners’ assigned claims against the general contractor’s insurer were barred by business risk exclusions in the CGL policies. W. Heritage Ins. Co. v. Cannon, 2014 U.S. Dist. LEXIS 101382 (E.D. Wash. July 24, 2014). The Cannons contracted with Cook Custom Homes to build their home. Cook never hired a… Continue reading Business Risk Exclusions Bar Coverage for Construction Defect Claims
New and Recently Revisited Florida Law Affecting Construction Disputes and Possible Implications
Lynn Maynard Gollin – Gordon & Rees LLP – August 25, 2014 In March 2014, Florida’s Fourth District Court of Appeal issued The School Board of Broward County, Florida v. Pierce GodwinAlexander & Linville, 137 So. 3d 1059 (Fla. 4th DCA 2014), an opinion that addresses two legal issues of interest to parties involved in… Continue reading New and Recently Revisited Florida Law Affecting Construction Disputes and Possible Implications
Recent Florida Case on Submission of Proof of Loss – Why is There Not a Fact Question for the Jury to Decide?
Shaun Marker – Property Insurance Coverage Law – September 2, 2014 Florida’s 4th District Court of Appeals (“4th DCA”), recently issued an opinion relating to compliance with post-loss duties in a property insurance case.1 The issue centered on whether the policyholder breached their duties under the insurance contract by not timely submitting a sworn proof… Continue reading Recent Florida Case on Submission of Proof of Loss – Why is There Not a Fact Question for the Jury to Decide?