David Adelstein | Florida Construction Legal Updates | May 11, 2019 The recent opinion in the property insurance coverage dispute, Bryant v. Geovera Specialty Ins. Co., 44 Fla.L.Weekly D1232a (Fla. 4thDCA 2019), discusses the doctrine known as an insurer’s “confession of judgment.” In this case, an insured suffered water damage from a pipe leak. The insurer… Continue reading Insurer’s Confession of Judgment Through Post-Lawsuit Payment
Month: July 2019
Construction Defect Dispute Governed by Contract Disputes Act not yet Suited to being a “Suit”
William S. Bennett | SDV Insights | May 14, 2019 The Southern District of California recently held that a series of demands for a general contractor to investigate and repair several construction defects at a U.S. Army facility did not constitute a “suit” within the meaning of the general contractor’s commercial general liability (“CGL”) policy.… Continue reading Construction Defect Dispute Governed by Contract Disputes Act not yet Suited to being a “Suit”
California Court of Appeal Makes Short Work of Trial Court Decision Preventing Party From Supplementing its Experts
Garret Murai | California Construction Law Blog | June 30, 2019 Years ago I recommended to a client that we hire a construction defect expert in a case. The client, a thrifty fellow, responded, “But I thought you were the construction expert. Why do I need to hire another expert? A fair question and one that caught me flat… Continue reading California Court of Appeal Makes Short Work of Trial Court Decision Preventing Party From Supplementing its Experts
Are General Contractors Liable For Their Subcontractors’ Actions Or Inactions?
Kristina Vaquera | Jackson Lewis | June 26, 2019 A general contractor in Southern California found itself on the hook for its subcontractor’s failure to pay wages to its workers, even though the general contractor had no knowledge of it. The case illustrates an important reminder for general contractors. The general contractor was fined close to… Continue reading Are General Contractors Liable For Their Subcontractors’ Actions Or Inactions?
Substantial Damage, Substantial Structural Damage, Wind Damage, Flood Damage…. Damage Anyway!
Deborah Trotter | Property Insurance Coverage Law Blog | June 27, 2019 Hurricane Michael has left a familiar mark on the Florida Panhandle. Much like Hurricanes Katrina and Ike, Hurricane Michael brought devasting winds followed by wind and flooding and more wind. Battered homes and businesses are assessed in the aftermath in an attempt to… Continue reading Substantial Damage, Substantial Structural Damage, Wind Damage, Flood Damage…. Damage Anyway!