Dottie Perry – February 4, 2013 It is a poorly kept secret that insurance companies do what they can to avoid paying claims. At what point, however, does a denial or attempt at a denial of a claim violate the rights of the insured? As with all contracts, there is a duty to act in good faith… Continue reading Bad Faith: Insurance Companies’ Devilish Denials
Construction Litigation Update: Florida Supreme Court Rules that Unlicensed Contractors Cannot Enforce Construction Contracts
Jim and Mary Homeowner are newlyweds who used their wedding money to buy their first home, a fixer-upper that required considerable renovations. The happily married couple was given the name of a local handyman, Bob, who was honest, hard-working, and wasn’t too expensive. The Homeowners interviewed Bob and were duly impressed with his plan to… Continue reading Construction Litigation Update: Florida Supreme Court Rules that Unlicensed Contractors Cannot Enforce Construction Contracts
“Every Breath” Theory: On Its Last Breaths?
Sharon L. Caffrey, Alyson Walker Lotman and Erin M. Carter – January 28, 2013 The “every breath,” or cumulative exposure opinion, has been proffered by plaintiffs’ experts in asbestos cases to prove specific causation, regardless of the type of product or amount of exposure. The U.S. District Court for the District of Utah joined the… Continue reading “Every Breath” Theory: On Its Last Breaths?
New Jersey Insurance—A Clear One Page Summary Helps Policyholders
Kenneth Kan – January 19, 2013 This past week, a New Jersey Assembly committee approved Bill No. 3642, which will require homeowners insurance companies to issue to policyholders consumer information brochures that contain a one-page summary of the homeowners policy.1 Under current New Jersey law, insurers must provide to the policyholder, at the time the… Continue reading New Jersey Insurance—A Clear One Page Summary Helps Policyholders
New CA Law Refines Law about Who is a “Contractor” to Bolster Consumer Protection
Robert A. James, Noa L. Clark, and Amy L. Pierce – January 22, 2013 Assembly Bill 2237, which took effect January 1, 2013, confirms that anyone, including a consultant to an owner-builder, who provides or oversees bids for construction, arranges for subcontractor work and schedules, and/or has oversight for a project is, in fact, acting… Continue reading New CA Law Refines Law about Who is a “Contractor” to Bolster Consumer Protection