Lindsay McCormick | Marshall Dennehey It has been well-settled in Florida that the proper measure of damages for a breach of contract claim is calculated as of the date of the breach. In terms of a construction defect claim, it is the date the construction defect occurred. Yet, we routinely see plaintiffs including significant markups… Continue reading Florida Courts Reaffirm Damages Must Be Calculated as of Date of Breach in Construction Defect Cases
Tag: insurance claim
Fla. Regulator Approves Roof Endorsements that Could Bar Non-Storm Claims
William Rabb | Claims Journal Despite the Florida Legislature taking major steps to rein in the cost of roof claims and litigation, at least two insurers have come out with broad roof endorsements that seek to bar claims for wear and tear, poor workmanship and design issues – except for damage caused by named storms.… Continue reading Fla. Regulator Approves Roof Endorsements that Could Bar Non-Storm Claims
Claim Preclusion: The Doctrine Everyone Thinks They Know But No One Really Knows What it Means in Practice
Garret Murai | California Construction Law Blog Generally, I think restraint in litigation is a good thing. Don’t go crazy on your claims, don’t go nut-so in your discovery, and don’t present your case at trial in a way that causes the judge and/or jury to raise their eyebrows or shake their heads in disbelief.… Continue reading Claim Preclusion: The Doctrine Everyone Thinks They Know But No One Really Knows What it Means in Practice
It’s Not You, It’s Them: Dealing With Insurance Coverage Denials
Latosha M. Ellis | Hunton Insurance Recovery Blog If your company has an emergency response plan—and it likely does—filing an insurance claim needs to be included in that plan. But what if your insurer stretches out the consideration process by making continuous, costly information requests without making a coverage determination? Or decides to deny coverage… Continue reading It’s Not You, It’s Them: Dealing With Insurance Coverage Denials
Making Sure That The Best Case Truly Is A Settled Case
John P. Knight | Morrison Mahoney The truism in the insurance world that “the best case is a settled case” is sometimes worth a closer look. Insurers are motivated to settle cases for a variety of reasons, primarily to prevent future fees and expenses, and to avoid the potential risks presented by a claim. But… Continue reading Making Sure That The Best Case Truly Is A Settled Case