Shaun Marker | Property Insurance Coverage Law Blog | December 1, 2014 Where an insurance policy requires parties’ appraisers to be “disinterested,” do you think their attorney can serve as their appraiser? Not according to a recent opinion from Florida’s Fifth District Court of Appeal.1 Florida Insurance Guaranty Association (“FIGA”) appealed a trial court order compelling… Continue reading A Client’s Attorney Cannot Serve As The Appraiser Where The Policy Requires Appraiser To Be “Disinterested”
Month: December 2014
Florida Supreme Court Limits Application of Statute of Limitations
Carson Lange | Deconstructed | December 3, 2014 A decision issued by the Florida Supreme Court earlier this year significantly limits the protection afforded by the statute of limitations to subcontractors and the like that are brought into construction litigation as third-party defendants. In Caduceus Properties, LLC v. Graney, a property owner hired an architect to… Continue reading Florida Supreme Court Limits Application of Statute of Limitations
Federal District Court in Pennsylvania Grants Summary Judgment To CGL Insurer Based Upon Lack of “Occurrence”
Traub Lieberman Straus & Shrewsberry LLP | November 26, 2014 On October 14, 2014, the United States District Court for the District of Pennsylvania granted a motion for summary judgment filed by State Farm Fire and Casualty Co. (“State Farm”), seeking a declaration that it had no duty to defend or indemnify its insured, Patrick… Continue reading Federal District Court in Pennsylvania Grants Summary Judgment To CGL Insurer Based Upon Lack of “Occurrence”
A Cautionary Tale for General Contractors
Hopkins & Carley | November 25, 2014 Construction lenders often go to great lengths to ensure their deeds of trust have priority over mechanic’s liens. Typically, as part of the construction loan process, general contractors are asked to sign documents consenting to the owner’s assignment of the construction contract to the lender. According to a… Continue reading A Cautionary Tale for General Contractors
California Court Holds Mechanic’s Lien Claimants Entitled to Pre-Judgment Interest of 7 Percent, Not 10 Percent, Against Non-Contracting Property Owners
Traub Lieberman Straus & Shrewsberry LLP | November 20, 2014 Under California Civil Code (CC) Section 3289, a mechanic’s lien claimant may obtain pre-judgment interest against contracting property owners calculated at 10 percent per annum from the date of breach. In Palomar Grading & Paving, Inc. v. Wells Fargo Bank, N.A., et al. (2014) 230… Continue reading California Court Holds Mechanic’s Lien Claimants Entitled to Pre-Judgment Interest of 7 Percent, Not 10 Percent, Against Non-Contracting Property Owners