Alan J. Lazarus | Drinker Biddle & Reath LLP | July 8, 2019 The Aftermath of Marsh When the Marsh case was decided in 2007 its broad interpretation of the “pure opinion exception” and narrow vision of the role of Frye took Florida expert evidence admissibility law well out of the mainstream. Florida law was starkly at odds with the… Continue reading Growing Pains: The Story Behind Florida’s Daubert Arc – Part 2
Month: July 2019
Business Interruption: Strategies for Resolution
Iris Kuhn | Property Insurance Coverage Law Blog | July 1, 2019 A business interruption claim does not always end up in litigation. There are basic techniques that an insured may consider expediting and presenting a claim that may result in a fair resolution of a business interruption claim. The Business Interruption Book: Coverage, Claims, and… Continue reading Business Interruption: Strategies for Resolution
Insured Lacked Standing to Sue After Sale of Property
Jason Cleri | Property Insurance Coverage Law Blog | June 13, 2019 Assignment of Benefits (AOB) is certainly a hot button issue in the insurance industry. AOB occurs when an insured assigns its rights to insurance proceeds to a third-party that is not technically an insured under the insurance policy. This usually comes in the… Continue reading Insured Lacked Standing to Sue After Sale of Property
Timing is Everything: How Early Retention of Expert Consultants Can Make or Break Construction Claims
Whitney Judson | International Law Office | July 15, 2019 Resolution of construction disputes oftentimes involves the unravelling of complex issues, and requires the analyses and opinions of expert witnesses in various industries related to the project. For these reasons, retaining an expert consultant as soon as litigation is imminent can truly be a difference-maker… Continue reading Timing is Everything: How Early Retention of Expert Consultants Can Make or Break Construction Claims
In Utah, It’s Obvious What’s Open and Obvious
Mark Morris | Snell & Wilmer | July 5, 2019 There is good news for contractors in Utah who take care to appropriately mark, sign and warn of hazards. Of course it does not mean they will avoid being sued. But in Coburn v. Whitacker Construction Co., 2019 UT 24, the Utah Supreme Court recently reaffirmed… Continue reading In Utah, It’s Obvious What’s Open and Obvious