Shane Smith | Property Insurance Coverage Law Blog | January 25, 2015 After attending the 16th Annual Windstorm Insurance Conference in New Orleans this past week along with many of my colleagues, I thought it appropriate to review the calculation of actual cash value in Louisiana. Louisiana courts calculate actual cash value as replacement cost less… Continue reading Calculating Actual Cash Value, Part 4: Louisiana
Tag: Breach of Contract
New York Court Revisits Architect’s Duty Under Contract and Tort Principles
Traub Lieberman Straus & Shrewsberry LLP | November 4, 2014 Issues of privity and whether claims sound in breach of contract or negligence are common in construction defect cases involving architects and New York is no exception. Indeed, New York courts have long wrestled with architect liability and formulas for imposing or defeating liability. A… Continue reading New York Court Revisits Architect’s Duty Under Contract and Tort Principles
Florida District Court of Appeal: Insurer’s Liability For Breach Of Contract Need Not Be Determined Before Bad Faith Claim Ripens
Florida Appeals Court: In First-party Coverage Dispute, Ruling That Insurer Breached Contract Is Not Prerequisite to Insured’s Filing a Bad Faith Claim
Litigating Where to Litigate an Insurance Dispute
Shaun Marker – June 16, 2014 Ahh the joys of litigation and the many issues that parties face. Sometimes in insurance cases (as well as other types of cases) the parties litigate where to litigate the dispute. This may involve the question of in what jurisdiction (in what state or in what federal district) they… Continue reading Litigating Where to Litigate an Insurance Dispute