Tag: Statute of Limitations

Defective Stairways can be considered a Patent Construction Defect in California

Lockhart Park LP – Construction Lawyers Blog – September 9, 2014 Stairs are not safe!  At least the Court of Appeal in the Second Appellate District of California doesn’t think so. A rail station in Los Angeles was completed by the Los Angeles County Metropolitan Transportation Authority (“MTA”) in 1993.  The rail station was part… Continue reading Defective Stairways can be considered a Patent Construction Defect in California

Florida’s Fourth DCA in Donovan v. Florida Peninsula: 2011 Statute of Limitations for Homeowners’ Insurance Claims is Not Retroactive

Todd Legal, PA – July 10, 2014 In Donovan v. Florida Peninsula, Florida’s Fourth DCA recently issued a short but informative decision clarifying the statute of limitations for Florida homeowners insurance claims.  Donovan’s case involved a 2005 insurance claim for hurricane damage. The question was whether the 2011 version of Fla. Stat. 95.11(2)(e) applied to… Continue reading Florida’s Fourth DCA in Donovan v. Florida Peninsula: 2011 Statute of Limitations for Homeowners’ Insurance Claims is Not Retroactive

In Arizona, the “Prejudice” Rule Applies to Late Lawsuits Filed Against Insurance Companies

Kenneth Kan – May 19, 2014 In my previous blog I discussed how in Arizona, if a policyholder submits a claim that is deemed late, the insurance company cannot deny the claim on that basis unless it can show actual prejudice from the delay. Now, what happens when the policyholder files a lawsuit after the… Continue reading In Arizona, the “Prejudice” Rule Applies to Late Lawsuits Filed Against Insurance Companies

When Does a “Date of Loss” Actually Manifest in California?

Denise Sze- April 1, 2014 Statues of Limitations are extremely important to policyholders and their attorneys. After all, when a statute runs, your rights to file a lawsuit in hopes of recovery disappears. However, the age old question of when is an actual “date of loss” or “manifestation” in property insurance law is still debated,… Continue reading When Does a “Date of Loss” Actually Manifest in California?