Elizabeth B. Ferguson | Insurance Journal | January 4, 2018 A recent case out of the Florida Supreme Court will likely have a big impact on the duty of insurers to defend Florida construction cases. The case, Altman Contractors, Inc. v. Crum & Forster Specialty Insurance Company arises out of a declaratory judgment action filed in the… Continue reading Florida Supreme Court Ruling to Have Big Impact on Duty to Defend Construction Cases
Tag: Advise & Consult
Construction Group News: Extremely Clear Pay-If-Paid Clause is Enforced
Michael J. Donnelly | The National Law Review | January 2, 2018 Every contract involves the risk of insolvency, and every construction subcontract involves the risk of the owner/developer failing to make the payments that the contractor intends to use to pay its subcontractors. Frequently, general contractors seek to shift this risk onto their subcontractors… Continue reading Construction Group News: Extremely Clear Pay-If-Paid Clause is Enforced
Compliance with Policy Conditions After a Denial of Coverage
Edward Eshoo | Property Insurance Coverage Law Blog | January 6, 2018 In Florida, an insurer’s denial of coverage constitutes a waiver of its right to require an insured to comply with policy conditions before filing suit.1 But, what if insured requests an insurer to reconsider its coverage denial before filing suit? Does the request to… Continue reading Compliance with Policy Conditions After a Denial of Coverage
Dispute Resolution – Part Two: Mediation – Helping the Mediator Help You
Kent B. Scott | Babcock Scott and Babcock | January 5, 2018 This is the second installment in the series of articles on Dispute Resolution. The AIA – A-201- General Terms of the Construction Project, provides a requirement for the parties to mediate their dispute before resorting to arbitration or litigation. The contract requirement, in… Continue reading Dispute Resolution – Part Two: Mediation – Helping the Mediator Help You
Traps Await the Unwary in “Claims-Made” Insurance Policies
Dwain Clifford | The Policyholder Report | December 29, 2017 Under typical Commercial General Liability policies, which are triggered by an “occurrence” during the policy period, an insured can safely wait until being served with a complaint to notify the insurer about the litigation. But policies written on a “claims made” basis, such as many… Continue reading Traps Await the Unwary in “Claims-Made” Insurance Policies