Nicole Vinson | Property Insurance Coverage Law Blog | October 24, 2015 Policyholders are human and social media has really become a way of life for the young and those in their golden years. Not surprisingly, homeowners and business owners suffering a loss, post about their problems on social media. But consider this: insurance companies… Continue reading Insurance Companies Search Social Media During Property Claim Investigations, Part I
Month: November 2015
Florida Supreme Court Rejects the “Risk Utility” Test for Strict Liability Design Defect Cases
Brian T. Stansbury, David M. Hawthorne and Hugh J. Turner, Jr. | Akerman LLP | November 5, 2015 In a key products liability decision, Aubin v. Union Carbide Corp., No. SC12-2075, 2015 WL 6513924, at *1 (Fla. Oct. 29, 2015), the Florida Supreme Court rejected the Restatement (Third) of Tort’s “risk utility” test which permits a plaintiff… Continue reading Florida Supreme Court Rejects the “Risk Utility” Test for Strict Liability Design Defect Cases
Litigation Against Florida Peninsula Related To The Right/Option To Repair Will Not Be Stayed
Shaun Marker | Property Insurance Coverage Law Blog | November 17, 2015 This post follows up on my last post involving the insurance carriers’ right to repair. In a recent court case,1 the insurer invoked its option to repair and asked that litigation be stayed until the policyholder complied with the “right to repair” option… Continue reading Litigation Against Florida Peninsula Related To The Right/Option To Repair Will Not Be Stayed
Alternate Dispute Resolution
Asha Echeverria | Bernstein Shur Sawyer & Nelson PA | October 27, 2015 Earlier this month I attended a summit on alternate dispute resolution at the American Bar Association Forum on Construction’s Fall Meeting in Austin, Texas. One of the sessions I found particularly interesting was a session titled “Has Arbitration Fulfilled its Promise?”… Continue reading Alternate Dispute Resolution
When Less is More: the Pitfalls of Saying too much in Professional Contracts
Eric G. Cheng | Wilson Elser | November 13, 2015 Design and other professionals often incorporate their practices in an effort to avoid individual liability. They also add well-crafted limitations of liability and indemnification clauses in their form services contracts to avoid responsibility for problems that arise in the execution of the plans. These strategies… Continue reading When Less is More: the Pitfalls of Saying too much in Professional Contracts