Margo Meta | The Policyholder Report | October 5, 2018 Last month, the Florida Court of Appeals for the Fourth District weakened assignment-of-benefits claims after it held that an insurer may require all insureds and mortgagees to provide written consent prior to executing an assignment of benefits agreement. In Restoration 1 of Port St. Lucie v.… Continue reading Florida Court of Appeals Creates Hurdles to Assignment of Benefits
Month: October 2018
There is No Crying in Baseball . . . Facility Construction
Mark O. Morris and Zaven A. Sargsian | Snell & Wilmer | September 25, 2018 The Utah Court of Appeals recently decided Camco Construction, Inc., et al. v. Utah Baseball Academy, Inc., et al., 863 Utah Adv. Rep. 58, 2018 UT App 78. The case involved the plan of Athletic Performance Institute LLC (“API”) to build an… Continue reading There is No Crying in Baseball . . . Facility Construction
Florida Supreme Court Strengthens Policyholders’ Bad-faith Claims
Margo Meta | The Policyholder Report | September 27, 2018 Last week, a divided Florida Supreme Court strengthened policyholders’ bad-faith claims against insurers by overturning an appellate court’s decision, finding that the lower court had misapplied Florida’s well-established bad-faith precedent and had relied on inapplicable federal case law. In Harvey v. GEICO General Insurance Co., James… Continue reading Florida Supreme Court Strengthens Policyholders’ Bad-faith Claims
Pay If Paid, Pay Attention Subs
Christopher G. Hill | Construction Law Musings | September 3, 2018 Recently, we all had yet another reminder that the Virginia Courts will strictly construe even the strictest of payment conditions. In the W. O. Grubb Steel Erection Co. v. 515 Granby, LLC case (full text of opinion in .pdf here), Suburban Grading and Utilities found this out… Continue reading Pay If Paid, Pay Attention Subs
Third Parties in Construction Arbitration Cases Can be Compelled to Produce Documents
Sunu M. Pillai | Construction Industry Counselor | September 25, 2018 Contrary to what many construction contractors and owners may believe, construction arbitration often involves substantial document production. This may include production of documents from third parties not directly involved in the arbitration. The question often arises as to whether an arbitrator can compel production… Continue reading Third Parties in Construction Arbitration Cases Can be Compelled to Produce Documents