Erin Dunnavant | Property Insurance Coverage Law Blog | September 9, 2018 In December of last year, my colleague Ashley Harris discussed Security First Insurance Co. v. Florida Office of Insurance Regulation,1 where the Florida Fifth District Court of Appeal (Fifth DCA) upheld the Office of Insurance Regulation (“OIR”) prohibition of proposed language in an insurance policy that… Continue reading Appellate Court Disagrees with Sister Court on Assignment of Benefits
Month: September 2018
Georgia Court of Appeals Holds Lay Witness Can Provide Opinion Testimony on the Value of a Property If the Witness Had an Opportunity to Form a Reasoned Opinion
Gus Sara | The Subrogation Strategist | September 4, 2018 In Woodrum v. Ga. Farm Bureau Mut. Ins. Co., 815 S.E.2d 650 (Ga. Ct. App. 2018), the Court of Appeals of Georgia considered whether the lower court properly disqualified a contractor as an expert witness and excluded the contractor from offering lay opinion testimony regarding the value… Continue reading Georgia Court of Appeals Holds Lay Witness Can Provide Opinion Testimony on the Value of a Property If the Witness Had an Opportunity to Form a Reasoned Opinion
What Constitutes an “Abrupt Collapse”?
Edward Eshoo | Property Insurance Coverage Law Blog | September 3, 2018 Most property insurance policies provide additional coverage for direct physical loss of or damage to covered property caused by or resulting from an “abrupt collapse.”1 In Hoban v. Nova Casualty Company,2 a California federal district court recently addressed the meaning of the phrase “abrupt collapse,” which… Continue reading What Constitutes an “Abrupt Collapse”?
Total Loss and Constructive Total Loss in Florida
Chip Merlin | Property Insurance Coverage Law Blog | September 11, 2018 Total loss and constructive total loss concepts in Florida are often confused with automobile total loss situations and exclusions and coverages related to Ordinance or Laws. We recently were asked about building law and ordinances which required a building to be demolished per… Continue reading Total Loss and Constructive Total Loss in Florida
Is Recovery for Breach of an Insurance Policy Limited to Only Damages That Would Have Been Covered by the Policy?
Tamara Chen-See | Property Insurance Coverage Law Blog | September 1, 2018 In Florida, the short answer is “no.” Here, as in most states, traditional rules governing breach of contract apply to insurance policies, and in a proper case consequential damages may be awarded.1 Defense lawyers in first party insurance cases always dispute this argument. The… Continue reading Is Recovery for Breach of an Insurance Policy Limited to Only Damages That Would Have Been Covered by the Policy?