Tred R. Eyerly | Insurance Law Hawaii | October 10, 2018 The federal district court predicted the California Supreme Court would find the definition of collapse, calling for the abrupt falling down or caving in of a building or part of a building, to be ambiguous. Hoban v. Nova Cas. Co., 2018 U.S. Dist. LEXIS 139116… Continue reading “Abrupt Falling Down of Building or Part of Building” as Definition of Collapse Found Ambiguous
Month: October 2018
Florida Supreme Court Rebuffs Legislature’s Mandate to Adopt Daubert Standard
Clifford J. Zatz and William L. Anderson | Crowell & Moring LLP | October 22, 2018 Five years after the Florida legislature amended the state’s evidence code to incorporate the Daubert standard for admissibility of expert testimony, the Florida Supreme Court last week held the amendment unconstitutional. “With our decision today,” said the Court, “we reaffirm that Frye, not Daubert,… Continue reading Florida Supreme Court Rebuffs Legislature’s Mandate to Adopt Daubert Standard
Fla. Supreme Court Changes Standard for Admitting Expert Testimony Into Evidence
Ernest Wagner | Marice Wutscher LLP | October 25, 2018 The Supreme Court of Florida recently held that the Florida Legislature’s 2013 amendment of the Florida Rules of Evidence adopting the federal Daubert standard for admitting expert testimony was unconstitutional. In so ruling, the Court returned Florida to the Frye standard for admitting expert testimony. A copy of the… Continue reading Fla. Supreme Court Changes Standard for Admitting Expert Testimony Into Evidence
Much Needed Clarification of Appraiser Qualifications in Florida
Tamara Chen-See | Property Insurance Coverage Law Blog | October 23, 2018 The appraisal alternative dispute resolution procedure in most first-party property insurance policies in Florida is a valuable process for insureds. In our experience at Merlin Law Group, few states in the country have a greater need for an understandable, enforceable appraisal process than Florida.… Continue reading Much Needed Clarification of Appraiser Qualifications in Florida
Construction One-Minute Read: “OH No!” Buckeye State’s Supreme Court Nixes Insurance For Subcontractors’ Defective Work
Eric A. Berg | Ogletree Deakins | October 15, 2018 In an opinion released on October 9, 2018, the Supreme Court of Ohio held that a general contractor’s commercial general liability insurance did not cover the defective work of either that contractor or its subcontractors. Ohio Northern University v. Charles Construction Services, Inc., No. 2017-0514 (2018).… Continue reading Construction One-Minute Read: “OH No!” Buckeye State’s Supreme Court Nixes Insurance For Subcontractors’ Defective Work