David Adelstein | Florida Construction Legal Updates | August 25, 2018 The contingency fee multiplier: a potential incentive for taking a case on contingency, such as an insurance coverage dispute, where the insured sues his/her/its insurer on a contingency fee basis. In a recent property insurance coverage dispute, Citizens Property Ins. Corp. v. Agosta, 43 Fla.L.Weekly, D1934b (Fla. 3d… Continue reading The Contingency Fee Multiplier (For Insurance Coverage Disputes)
Month: September 2018
Avoiding ‘E-trouble’ in Construction Litigation
Judah Lifschitz | Construction Executive | August 14, 2018 During the 2016 presidential election, the FBI subpoenaed Hillary Clinton’s emails after she used a private email server during her time as Secretary of State. Separately, the more recent investigation into Donald Trump’s campaign policy adviser, George Papadopoulos, resulted in scrutiny over both his email and… Continue reading Avoiding ‘E-trouble’ in Construction Litigation
Underlying Assertion of Negligent Misrepresentation Is Not Necessarily an Occurrence
Nora Valenza-Frost | PropertyCasualtyFocus | September 14, 2018 Courts sometimes struggle with the issue of whether property damage arising in the context of a contractual relationship, particularly in construction contracts, constitutes an “occurrence” under a standard commercial general liability (CGL) policy. Generally, but not always – and it varies from jurisdiction to jurisdiction – courts… Continue reading Underlying Assertion of Negligent Misrepresentation Is Not Necessarily an Occurrence
Beware of Actual Cash Value Endorsements
Chip Merlin | Property Insurance Coverage Law Blog | September 8, 2018 Actual cash value polices should rarely be sold on a typical home. Insurance agents who sell these policies knowing that a mortgage exists are negligent because various federal laws and regulations generally require that negotiable mortgages are to be protected by replacement cost… Continue reading Beware of Actual Cash Value Endorsements
With VA Mechanic’s Liens Sometimes “Substantial Compliance” is Enough (But Don’t Count on it)
Christopher G. Hill | Construction Law Musings | September 3, 2018 Virginia mechanic’s liens are a powerful and tricky beast that in most cases require absolute precision in their preparation. However, an interesting opinion recently came out of the Virginia Supreme Court that may provide a bit of a “safe harbor” from the total form over function nature of a… Continue reading With VA Mechanic’s Liens Sometimes “Substantial Compliance” is Enough (But Don’t Count on it)