Derek R. Lenzen | Phelps Dunbar A Florida appellate court held that where water damaged property through walls and windows (an excluded cause) and also through a door (a covered cause), the all-risk policy’s anti-concurrent cause provision controls, and coverage for the entire loss is excluded. Security First Ins. Co. v. Czelusniak, 45 Fla. L.… Continue reading Florida Appellate Court Holds Anti-Concurrent Cause Provision in Exclusion Excludes Entire Loss When a Covered Cause Occurs Concurrently With an Excluded Cause
Month: September 2020
Court Addresses When Duty to Defend Ends
Anthony L. Miscioscia and Margo E. Meta | White and Williams There are certain generally held principles regarding an insurer’s duty to defend. One of these principles is that an insurer has a duty to defend its insured if the complaint states a claim that potentially falls within the policy’s coverage. However, there is a… Continue reading Court Addresses When Duty to Defend Ends
Court of Appeal Puts the “Equity” in Equitable Subrogation
Garret Murai | California Construction Law Blog Subrogation as a concept is well understood in insurance circles. According to the Institute of Risk Management Institute’s glossary of insurance terms subrogation is “the assignment to an insurer by the terms of [a] policy or by law, after payment of a loss, of the rights fo the… Continue reading Court of Appeal Puts the “Equity” in Equitable Subrogation
Can a Subcontractor Employee File a Personal Injury Lawsuit Against the General Contractor?
Jonathan Rosenfeld | Rosenfeld The general rule in Illinois is that workers’ compensation is an injured employee’s sole remedy for workplace injuries unless certain very limited exceptions apply. 820 ILCS 305/5 states that there is no right to recover for these injuries or death “other than the compensation herein provided.” Of course, the compensation that the statute… Continue reading Can a Subcontractor Employee File a Personal Injury Lawsuit Against the General Contractor?
The “Negligent Negotiations” Theory of Recovery – Is it a Go or No Go at the Boards of Contract Appeal? Part 1
Maria L. Panichellie and Michael A. Richard | GovCon Examiner Attention contractors – there is a new theory of recovery to consider! …Or, is there? Truth is, it might depend on what agency you are doing business with, and where you bring your case. A trio of interesting – and arguably contradictory – Board of… Continue reading The “Negligent Negotiations” Theory of Recovery – Is it a Go or No Go at the Boards of Contract Appeal? Part 1