Julian E. Nelser | Spilman Thomas & Battle | October 17, 2018 Destruction of evidence can be fatal in any lawsuit, but it is especially troubling in construction defect disputes. It’s always important to allow an opponent and their expert the opportunity to inspect premises and review the alleged defects. A recent Pennsylvania appellate decision… Continue reading Avoiding Spoliation of Evidence is an Ongoing Obligation
Month: October 2018
A Word to the Wise: The AIA Revised Contract Documents Could Lead to New and Unanticipated Risks – Part I
George Talarico | Construction Executive | September 11, 2018 The contract documents published by the American Institute of Architects are widely utilized by the construction industry. As such, prudent participants in the construction process analyze these documents in order to appreciate their legal rights and obligations. This analysis is particularly important in light of the… Continue reading A Word to the Wise: The AIA Revised Contract Documents Could Lead to New and Unanticipated Risks – Part I
“Up On The Roof”
Victor Metsch | Smith Gambrell & Russell LLP | October 18, 2018 When this old world starts getting me down And people are just too much for me to face I climb way up to the top of the stairs And all my cares just drift right into space…[*] Every aspect of residential cooperative or… Continue reading “Up On The Roof”
Florida Department of Insurance Says Anybody Hired By a Licensed Public Adjuster Can Participate in Preparing an Insurance Claim By Writing the Insurance Estimates of Damage
Chip Merlin | Property Insurance Coverage Law Blog | October 18, 2018 The Florida Department of Financial Services (DFS) has issued an email authorizing Florida licensed public adjusters to hire anybody to make estimates of damage. This email corrects my latest two blogs which indicated that the OIR wanted to prevent those not licensed from working on insurance… Continue reading Florida Department of Insurance Says Anybody Hired By a Licensed Public Adjuster Can Participate in Preparing an Insurance Claim By Writing the Insurance Estimates of Damage
Narrowly Interpreted Exclusion Leads to Coverage
Marie Laur | Property Insurance Coverage Law Blog | October 20, 2018 Insurance policies are to be interpreted in the light most favorable to the insured. Narrowly interpreting policy language can help find coverage for an insured, as was the case in Tuscarora Wayne Insurance Company v. Hebron.1 In Tuscarora, a Pennsylvania appellate court reversed a… Continue reading Narrowly Interpreted Exclusion Leads to Coverage