Edward Eshoo | Property Insurance Coverage Law Blog | October 8, 2018 The typical vacancy provision in a homeowners property insurance policy is patterned after the Insurance Services Office (ISO) Homeowners 3-Special Form (HO-3 form)1 and excludes coverage for damage caused by vandalism if the dwelling has been vacant for more than 60 consecutive days before… Continue reading What Constitutes a Dwelling or Building Under Construction or Renovation For Purposes of a Vacancy Exclusion?
Tag: Advise & Consult
Washington Supreme Court Reaffirms Compliance with Contractual Notice Requirements
Jennifer McMillan Beyerlein | Lane Powell PC | September 27, 2018 Today, the Washington Supreme Court unanimously held that failure to satisfy a “notice of protest” provision bars all claims for protested work — including claims for breach of the covenant and fair dealing and claims for expectancy and consequential damages. In Nova Contracting, Inc. v.… Continue reading Washington Supreme Court Reaffirms Compliance with Contractual Notice Requirements
Florida Court of Appeals Creates Hurdles to Assignment of Benefits
Margo Meta | The Policyholder Report | October 5, 2018 Last month, the Florida Court of Appeals for the Fourth District weakened assignment-of-benefits claims after it held that an insurer may require all insureds and mortgagees to provide written consent prior to executing an assignment of benefits agreement. In Restoration 1 of Port St. Lucie v.… Continue reading Florida Court of Appeals Creates Hurdles to Assignment of Benefits
There is No Crying in Baseball . . . Facility Construction
Mark O. Morris and Zaven A. Sargsian | Snell & Wilmer | September 25, 2018 The Utah Court of Appeals recently decided Camco Construction, Inc., et al. v. Utah Baseball Academy, Inc., et al., 863 Utah Adv. Rep. 58, 2018 UT App 78. The case involved the plan of Athletic Performance Institute LLC (“API”) to build an… Continue reading There is No Crying in Baseball . . . Facility Construction
Florida Supreme Court Strengthens Policyholders’ Bad-faith Claims
Margo Meta | The Policyholder Report | September 27, 2018 Last week, a divided Florida Supreme Court strengthened policyholders’ bad-faith claims against insurers by overturning an appellate court’s decision, finding that the lower court had misapplied Florida’s well-established bad-faith precedent and had relied on inapplicable federal case law. In Harvey v. GEICO General Insurance Co., James… Continue reading Florida Supreme Court Strengthens Policyholders’ Bad-faith Claims