Verne Pedro | Property Insurance Coverage Law Blog | April 24, 2019 In the 1950’s farce The Great Rupert (aka A Christmas Wish), starring Jimmy Durante, a mischievous dancing sideshow squirrel accidentally discovers and misdirects a miser’s cache of cash to an impoverished family living next door through a hole in the roof. Silly movie plot? Perhaps …… Continue reading Blame It on the Squirrel: Court Rules Furry Fatality Not Efficient Proximate Cause of Policyholder’s Power Station Damage
Month: April 2019
Eleventh Circuit Holds Attorneys’ Fees Are Not Warranted Where Policyholder Filed Suit Instead of Undergoing Appraisal
Chad A. Pasternack | Property Insurance Law Observer | April 23, 2019 The Eleventh Circuit, in J.P.F.D. Investment Corp. v. United Specialty Insurance Co., recently affirmed a district court’s denial of statutory attorneys’ fees to a policyholder that, to resolve a disagreement over the amount of loss, filed suit against its insurer instead of participating in appraisal.[1] In… Continue reading Eleventh Circuit Holds Attorneys’ Fees Are Not Warranted Where Policyholder Filed Suit Instead of Undergoing Appraisal
Stopping A Zoning Enforcement Action In Court
John Armentano | Farrell Fritz | April 23, 2019 Builders, developers and property owners are often cited for zoning violations that become the subject of criminal enforcement proceedings in court (i.e. appearance tickets). Certainly, a party can have the court decide the matter, however, an appeal to a Board of Zoning Appeals can be used to stay any and all court… Continue reading Stopping A Zoning Enforcement Action In Court
A Follow-Up on Proofs of Loss
Corey Harris | Property Insurance Coverage Law Blog | April 23, 2019 When I wrote my first blog on this site in 2009, I discussed proofs of loss at length. Since Hurricane Michael, these blogs have received a lot of traffic and discussion from people trying to navigate their way through the claims process. An issue that… Continue reading A Follow-Up on Proofs of Loss
Federal Court Rules Contractor Is Not Intended Third-Party Beneficiary under Owner-Engineer Agreement
Amandeep Kahlon | Buildsmart | April 23, 2019 In March, a Massachusetts federal court addressed whether a design-builder contractor could recover for breach of contract under an intended third-party beneficiary theory against a design firm hired by the project owner to complete 30% designs. In Arco Ingenieros, S.A. DE C.V. v. CDM International Inc., a Salvadoran… Continue reading Federal Court Rules Contractor Is Not Intended Third-Party Beneficiary under Owner-Engineer Agreement