Rights, Remedies and Procedures for Addressing Construction Defect Claims in Florida

Scott Topolski | Cole Schotz | August 16, 2018 Florida has implemented a rather simple statutory scheme to address claims that a real property owner believes she may have against a contractor, subcontractor, supplier or design professional for construction defects on her property—whether those defects involve construction, repairs, remodeling or alterations to the property.  The… Continue reading Rights, Remedies and Procedures for Addressing Construction Defect Claims in Florida

Partial Denial of Coverage: If They Raise It, Then You Can Appraise It

Francisco Garcia | Property Insurance Coverage Law Blog | August 8, 2018 Nearly every homeowner’s insurance policy issued in Florida provides a mechanism for resolving disputes between the insured and their carrier as to the amount of a loss: Appraisal. The language of the appraisal clause can vary from carrier to carrier – some policies,… Continue reading Partial Denial of Coverage: If They Raise It, Then You Can Appraise It

I Reported My Claim Eight Months Ago! Am I Entitled to Interest Upon Resolution?

Beaujeaux de Lapouyade | Property Insurance Coverage Law Blog | July 20, 2018 This blog follows a telephone conversation I had with an insurance carrier representative who disputed the policyholder’s entitlement to interest under Florida Statute § 627.70131(5)(a). Insurance carriers have a statutory duty to pay interest on claims after refusing or delaying payment of policy… Continue reading I Reported My Claim Eight Months Ago! Am I Entitled to Interest Upon Resolution?

Follow-Up: My Insurance Claim Was Denied Because My Water Leak Lasted Over a Period of 14 Days or More – Was the Denial Proper?

Marie Laur | Property Insurance Coverage Law Blog | July 4, 2018 In March, I posted a blog on the Hicks v. American Integrity Insurance Company opinion,1 in which a Florida court ruled that policy language stating: “we do not insure…for loss…caused by…constant or repeated seepage or leakage of water…over a period of 14 or more days,” did not preclude… Continue reading Follow-Up: My Insurance Claim Was Denied Because My Water Leak Lasted Over a Period of 14 Days or More – Was the Denial Proper?

2018 Florida Legislature Amends Construction Statute Of Limitations And Repose

Jaret Fuente | Carlton Fields | June 28, 2018 The Florida Legislature has amended the construction statute of limitations and repose a second time in two years. Effective July 1, the amendments include (1) a provision addressing completion of the contract and final performance, and (2) a provision extending the statute of repose in certain… Continue reading 2018 Florida Legislature Amends Construction Statute Of Limitations And Repose