Thomas Benjamin Boley | Wiley Rein A California federal court has held a “Notice of Cancellation” was sufficient to meet the substantive requirements of rescission in California, where the notice informed the insured of misrepresentations on the application and was accompanied by a return premium. Clear Blue Specialty Ins. Co. v. Ozy Media, Inc., 2022 WL… Continue reading “Notice of Cancellation” Meets California Requirements for Notice of Rescission
Florida Appellate Court Holds that Deadline to Report Claims Does Not Nullify Prompt Notice Provision
Evan Holober and Chad Pasternack | Cozen O’Connor Florida’s Third District Court of Appeal recently affirmed a summary judgment entered in favor of a property insurer, holding that there is no conflict between the policy’s three year limitation for reporting hurricane claims and the requirement that the insured give prompt notice. In Navarro v. Citizens Property… Continue reading Florida Appellate Court Holds that Deadline to Report Claims Does Not Nullify Prompt Notice Provision
Florida Legislature Makes Another Run at Revising the Statute of Repose for Construction Defects
Jason Bullinger | Rumberger Kirk In late December 2022, the Florida Legislature proposed changes to the Florida Statute of Repose for Construction Defects to clarify a statute with ambiguous language. The statute is used to determine how long a party has to file a claim for construction defects after a structure or improvement has been… Continue reading Florida Legislature Makes Another Run at Revising the Statute of Repose for Construction Defects
An Insurance Check Up for the Construction Industry
Creighton Dixon and Anthony Merrill | Snell & Wilmer The New Year is an opportunity to reset and reflect on your present condition and ways to improve. One thing all members of the construction industry, from owners to contractors, should do is check in on their insurance policies and consider if they have appropriate coverage.… Continue reading An Insurance Check Up for the Construction Industry
New California Time-Limited Demand Statute for Insurance Claims Effective Now
Chad W. Dunham | PropertyCasualtyFocus In an effort to promote early resolution of claims and remove ambiguity in bad faith litigation, the California legislature recently passed Senate Bill 1155. Effective January 1, 2023, the bill creates California Code of Civil Procedure Section 999 et seq., a set of rules detailing form requirements for time-limited demands, demand… Continue reading New California Time-Limited Demand Statute for Insurance Claims Effective Now