Jason Cleri | Property Insurance Coverage Law Blog | December 10, 2017 In the New York class action suit, Mazzocki v. State Farm, 1 A.D.3d 9 (N.Y. 3rd Dept. 2003), the Appellate Court for the Third Department finally clarified the question regarding overhead and profit in actual cash value and replacement cost value claims. Plaintiffs in… Continue reading Entitlement to Overhead and Profit on an Actual Cash Value Estimate
Month: December 2017
Federal Court Holds That, Under Louisiana Law, a Contractor Need Not Show a Total Work Stoppage to Recover Extended Home Office Overhead Under Eichleay
Jane Fox Lehman | Pepper Hamilton LLP | December 7, 2017 Team Contrs., L.L.C. v. Waypoint NOLA, L.L.C., No. 16-1131, 2017 U.S. Dist. LEXIS 162172 (E.D. La. Oct. 2, 2017). Waypoint NOLA (“Waypoint”) was the owner of a hotel construction project in New Orleans (the “Project”). Waypoint contracted with Team Contractors (“Team”) to serve as… Continue reading Federal Court Holds That, Under Louisiana Law, a Contractor Need Not Show a Total Work Stoppage to Recover Extended Home Office Overhead Under Eichleay
Florida Statute 95.11(3)(C) Has Been Amended to Address the Ruling in Cypress Fairway Condo. V. Bergeron Constr. Co.
Douglas K. Gartenlaub | Burr & Forman LLP | December 7, 2017 In Cypress Fairway Condo. v. Bergeron Constr. Co., 164 So. 3d 706 (Fla. 5th DCA 2015) the 5th District Court of appeals defined “completion of the contract” to mean completion of performance by both sides of the contract, not merely performance by the contractor. In… Continue reading Florida Statute 95.11(3)(C) Has Been Amended to Address the Ruling in Cypress Fairway Condo. V. Bergeron Constr. Co.
Civil Remedy Notices – What Are They and What Do They Require?
Marie Laur | Property Insurance Coverage Law Blog | November 29, 2017 You filed a claim with your insurance company after suffering a loss and it is refusing to pay what is owed under your insurance policy – what now? One of your options is to file a Civil Remedy Notice of Insurer Violation, or… Continue reading Civil Remedy Notices – What Are They and What Do They Require?
Production of Pre-Denial Claim File Compelled
Tred R. Eyerly | Insurance Law Hawaii | November 20, 2017 The appellate court found that the claims file that existed before the insurer’s denial was discoverable. Cascade Builders Corp. v. Rugar, 2017 N.Y. App. Div. LEXIS 7357 (N.Y. App. Div.. Oct. 19, 2017). Cascade Builders was the general contractor for the homeowners. In May 2011,… Continue reading Production of Pre-Denial Claim File Compelled