Court Denies Recovery of Public Adjuster Fees in Breach of Contract Action

Ashley Harris | Property Insurance Coverage Law Blog | December 16, 2018 In Kingshill Hospitality, Inc. v. American Economy Insurance Company,1 the policyholder’s hotel was damaged by a fire. Three days later the policyholder hired a public adjuster to assist in submitting its insurance claim. A dispute arose regarding the amount of loss and the policyholder filed… Continue reading Court Denies Recovery of Public Adjuster Fees in Breach of Contract Action

The Devil’s in the Details: Dispute Resolution and Attorney’s Fees Contract Clauses

Kent B. Scott | Babcock Scott & Babcock | December 13, 2018             If you are a business owner, a property owner, or you work in the real estate industry, you have undoubtedly signed, drafted, reviewed, or negotiated many contracts. At their most fundamental level, written contracts are nothing more than the memorialization of the… Continue reading The Devil’s in the Details: Dispute Resolution and Attorney’s Fees Contract Clauses

Move Out and Lose Coverage—Common Property Insurance Minefields Caused By Changes of Residency

Chip Merlin | Property Insurance Coverage Law Blog | December 10, 2018 Insurance agents, divorce attorneys, elder law attorneys, wills, trusts and estate attorneys, and real estate attorneys need to read this post. They also need to read “Where You Reside” – The “Where’s Waldo®?” Catastrophic Homeowners Policy ‘Exclusion’ That Could Bankrupt Your Insureds, by insurance… Continue reading Move Out and Lose Coverage—Common Property Insurance Minefields Caused By Changes of Residency

Get Your Experts Opinions Nailed Down Ahead of Trial, or Else!

Erin Dunnavant | Property Insurance Coverage Law Blog | December 8, 2018 Recently, Florida’s Third District Court of Appeal found that a trial court abused its discretion by allowing the trial testimony of an insured homeowner’s expert when he expanded on his opinions during trial. The case is Citizens Property Insurance Corporation v. Vazquez.1 The loss… Continue reading Get Your Experts Opinions Nailed Down Ahead of Trial, or Else!

Waiver of Consequential Damages in Florida May Have Unintended Consequences

Jared Gillman | Construction Industry Counselor | December 7, 2018 In Florida, parties often negotiate and include a waiver of consequential damages in construction contracts and design professional contracts.  However, based on a recent decision by one Florida appellate court, waiving the right to recover consequential damages may have a broader impact than intended. In Keystone… Continue reading Waiver of Consequential Damages in Florida May Have Unintended Consequences