Matthew K. Lilly | Bradley Arant Boult Cummings When a party files a lawsuit in court despite agreeing in the contract to arbitrate the dispute, the Federal Arbitration Act (FAA) entitles the responding party to file a motion to stay, or pause, the lawsuit and compel the case to arbitration. While the responding party can… Continue reading Is It Too Late to Arbitrate? The Supreme Court Clarifies the Test for Whether a Party Has Waived Its Right to Arbitrate
Narrow Promissory Estoppel Exception to Create Insurance Coverage
David Adelstein | Florida Construction Legal Updates There is an affirmative claim known as promissory estoppel. (Whereas equitable estoppel is used an affirmative defense, promissory estoppel is used as an affirmative claim.) To prove promissory estoppel, a plaintiff must plead and prove the following three elements: “(1) a representation as to a material fact that is… Continue reading Narrow Promissory Estoppel Exception to Create Insurance Coverage
It’s Time for Property Insurance Carriers to Re-Adjust in Louisiana
Taylo Brett | Adams and Reese After Louisiana citizens endured two consecutive prolific hurricane seasons in 2020 and 2021, state lawmakers made the adjustment of property insurance claims a top priority during this year’s Regular Legislative Session. On August 1, 2022, two new bills concerning claims adjusters went into effect: Senate Bill 198 and Senate… Continue reading It’s Time for Property Insurance Carriers to Re-Adjust in Louisiana
9 Basic Strategies for Pursuing Coverage for Construction Accident Claims
William S. Bennett | Saxe Doernberger & Vita Construction accidents happen all the time. Accidents involving worker injuries or damage to property can shut down a job site and cause significant losses. Contractors should be diligent and aggressive in examining all of the available options for recovery under their different insurance policies and bonds. This… Continue reading 9 Basic Strategies for Pursuing Coverage for Construction Accident Claims
Wildfire Insurance Coverage Series, Part 4: Coverage for Supply Chain Related Losses
Scott P. DeVries and Yosef Itkin | Hunton Insurance Recovery Blog Business loss is not limited to fire or smoke damage to its own property – it often arises from damage to the supply chain. In this post in the Blog’s Wildfire Insurance Coverage Series, we look at what coverage may exist when wildfire damages… Continue reading Wildfire Insurance Coverage Series, Part 4: Coverage for Supply Chain Related Losses