David Adelstein | Florida Construction Legal Updates | December 23, 2016 The defense of set-off is an important defense in construction disputes, particularly multiparty disputes. For more information on this defense, please check out this article as it explains the application of set-off in civil disputes in detail. The issue of set-off will come up… Continue reading Application of Set-Off when a Defendant Settles in Multiparty Construction Dispute
Month: January 2017
Avoiding the Minefields of Claims-Made Insurance Coverage
L.D. Simmons | Insurance Recovery Blog | January 3, 2017 This is the first in a series of posts relating to what we will call the “minefields” of claims made insurance coverage. Fifty years ago, most insurers issued liability insurance policies on “occurrence” policy forms. As insurers expanded their coverage offerings for professional and executive… Continue reading Avoiding the Minefields of Claims-Made Insurance Coverage
Damages Proof in Subrogation Cases
DON’T TAKE IT FOR GRANTED Hobart M. Hind, Jr., JD | Claims Magazine | January 2017 In the past few years, savvy defense lawyers have taken a more inquisitive approach on the valuation of subrogation damages across all lines of insurance. Gone are the days of assuming the damages must be right because no carrier… Continue reading Damages Proof in Subrogation Cases
Insurance Coverage – “Other Insurance” Provisions Between Excess Carriers
David Blinn | Low, Ball & Lynch | January 2017 Advent, Inc. v National Union Fire Ins. Co. of Pittsburgh, PA Court of Appeal, Sixth Appellate District (December 6, 2016) Historically, “other insurance” clauses in liability policies were designed to prevent multiple recoveries when more than one policy provided coverage for a given loss. Where… Continue reading Insurance Coverage – “Other Insurance” Provisions Between Excess Carriers
Warning – A Mutual Waiver of Consequential Damages Could Be One-Sided
Alan Winkler and Susan Elliott | Peckar & Abramson, PC | November 2016 Contractors are often focused on correctly estimating the cost to construct a project and obtaining the contract award. Reviewing the terms of the contract sometimes takes a back seat. Laxity may set in when the contract is based on a recognized industry… Continue reading Warning – A Mutual Waiver of Consequential Damages Could Be One-Sided