Tred R. Eyerly | Insurance Law Hawaii | June 6, 2018 When two competing experts disagreed on the cause of the loss, the trial court erred in granting summary judgment to the insurer. Garcia v. Firs Community Ins. Co., Fla. App. LEXIS 4237 (Fla. Ct. App. March 28, 2018). Garcia, the homeowner, discovered water damage in… Continue reading Battle of Experts Cannot Be Decided on Summary Judgment
Tag: construction defect
Time’s Up! Or Is It?
Dara Jebrock and Lindy Keown | CLM | Spring 2018 Proposed legislation in Florida would lengthen the statute of repose for counter, cross and third-party claims in construction defect. The time for bringing certain actions for latent construction defects in Florida may be relaxed, depending on the outcome of proposed legislation. Senate Bill 536 and… Continue reading Time’s Up! Or Is It?
Supreme Court’s Latest Construction Defect Decision and Its Impact on Construction Insurance Claims
David B. Haber, Frank Soto and Brett Silverberg | Daily Business Review | January 12, 2018 The issue of whether a 558 notice serves as a “claim” under a commercial general liability (CGL) policy, such as the one issued by Crum & Forster Specialty Ins. Co. (C&F) in Altman Contractors v. Crum & Forster Specialty Insurance, No.… Continue reading Supreme Court’s Latest Construction Defect Decision and Its Impact on Construction Insurance Claims
Iowa Appellate Court Upholds Appraisal Award For Insured
Christina Phillips | Property Insurance Coverage Law Blog | August 20, 2017 Recently the Iowa Court of Appeals reversed the district court and upheld an approximate $1.4 million dollar appraisal award entered for the Walnut Creek Townhome Association.1 Walnut Creek’s thirty-six buildings had been damaged by a hail storm in August, 2012. Prior to that,… Continue reading Iowa Appellate Court Upholds Appraisal Award For Insured
Claim Barred by Florida’s Construction Defect Statute of Repose? Maybe Not. Florida Court Says You Should Read the Construction Contract More Closely
Troy Vuurens | Butler Weihmuller Katz Craig | August 21, 2017 Claim professionals are often reminded that even the most meritorious claim is worthless if not filed within the applicable statute of limitations or statute of repose. In the world of construction defect claims, Florida law provides for a 10-year statute of repose. Under §… Continue reading Claim Barred by Florida’s Construction Defect Statute of Repose? Maybe Not. Florida Court Says You Should Read the Construction Contract More Closely