Richard J. Maleski and Joseph F. Rich | Cozen O’Connor | September 20, 2018 Florida imposes a statutory requirement to provide pre-suit notice to recovery targets when the potential claim involves construction defects. While the required notice tolls the statute of limitations for such claims, an open question remained regarding what effect the notice would… Continue reading Florida Court Clarifies That Pre-Suit Notice for Construction Defect Claims Tolls Statute of Repose
Tag: Insurance Claims
Insurance Companies Must Perform in Good Faith Regardless of Their Customer’s Imperfect Actions
Chip Merlin | Property Insurance Coverage Law Blog | September 21, 2018 Insurance companies routinely argue for immunity from their wrongful actions because acts of their customers are not perfect following a loss. Policyholders are not claims specialists. Policyholders generally are not in the insurance claims business much less the civil litigation business which the… Continue reading Insurance Companies Must Perform in Good Faith Regardless of Their Customer’s Imperfect Actions
Florida Appellate Court Finds Implications Of Bad Faith In Claims Handling Not Proper In First Party Insurance Coverage Dispute
Ashley Kellgren | Traub Lieberman Straus & Shrewsberry | August 17, 2018 In two separate opinions, Florida’s Fourth District Court of Appeals reiterated the longstanding principle that issues regarding the quality of an insurer’s adjustment of a claim and bad faith should not be interjected into a first party insurance coverage action. In Citizens Prop. Ins.… Continue reading Florida Appellate Court Finds Implications Of Bad Faith In Claims Handling Not Proper In First Party Insurance Coverage Dispute
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?
Before the Slip and Fall: Lease Drafting Guidance for Tenants
Scott R. Kipnis | ICSC Some of the most prevalent, mundane, and time- and money-consuming claims that tenants find themselves litigating stem from slip-and-fall accidents in shopping center common areas. The lease between landlord and tenant, specifically the allocation of maintenance obligations as well as indemnification and insurance provisions, is often the determining factor of… Continue reading Before the Slip and Fall: Lease Drafting Guidance for Tenants