Francisco Garcia | Property Insurance Coverage Law Blog | May 18, 2018 I recently came across an interesting opinion, Fuller v. Mercury Insurance Company of Georgia,1 where the Eleventh Circuit Court of Appeals discussed the effect of a guilty plea on a policyholder’s civil action against their insurance carrier. The opinion stemmed from a residential fire loss… Continue reading To Plea or Not to Plea? Insurer’s Denial of Coverage for Residential Fire Loss Upheld
Tag: Advise & Consult
Keep It Simple Stupid: Remembering The Basics In A Construction Defect Indemnity Case To Minimize Surprises Down The Road
John Gregory and Michael Ludwig | Jones, Skelton & Hochuli PLC | May 17, 2018 There is an old saying: familiarity breeds contempt. Admittedly, residential construction defect cases can be repetitive. They usually involve the same Plaintiffs’ attorneys, the same alleged defects, and resolve in the same fashion for the same per-home amount. As a… Continue reading Keep It Simple Stupid: Remembering The Basics In A Construction Defect Indemnity Case To Minimize Surprises Down The Road
Choosing a Damages Methodology for Certain Construction Claims
Daniel B. Swaja | International Law Office | May 21, 2018 In any construction dispute resolution process, not only does a claimant have to prove liability of the other party, but the claimant must also prove damages to prevail on its claim. The proof of damages element to prevailing on a claim is often overlooked… Continue reading Choosing a Damages Methodology for Certain Construction Claims
When Is a Demand for Appraisal Too Late?
J. Ryan Fowler | Property Insurance Coverage Law Blog | May 8, 2018 I often hear from insureds that have been negotiating with their insurance company for a period of time when the insurer suddenly demands appraisal. The insureds do not want to go to appraisal and the first question is always, “Can the insurance… Continue reading When Is a Demand for Appraisal Too Late?
Calif. Landslides Prompt ‘Efficient Proximate Cause’ Rehash
Jennifer Hoffman | Zelle LLP | May 4, 2018 Mother Nature recently reminded California, as she often does, of how cruel she can be. In December 2017, the state experienced its largest wildfire in history.[1] The wildfire, known as the Thomas Fire, burned more than 281,000 acres in Southern California and destroyed more than 1,000… Continue reading Calif. Landslides Prompt ‘Efficient Proximate Cause’ Rehash