David Adelstein | Florida Construction Legal Updates Termination for convenience provisions are important provisions to include in construction contracts. These are provisions that allow a party to terminate the contract for ANY REASON. No cause is needed to exercise the termination for convenience provision. In other words, the terminating party does not have to demonstrate the… Continue reading Terminating Contracts for Convenience – “Just Because”
Month: July 2021
The “Fortuity” and “Known Loss Doctrines” of Insurance Coverage – Are You Covered?
Meredith Storm | Pessin Katz Law The concept of risk is central to insurance. Insurance coverage is premised on the exchange of risk and the possibility that an unintended or unexpected event will occur. Accordingly, it seems only logical that insurance carriers are not keen on providing coverage for a loss that is very likely… Continue reading The “Fortuity” and “Known Loss Doctrines” of Insurance Coverage – Are You Covered?
Insurer Prevails in First Substantive Appellate Ruling in COVID-19-Related Insurance Coverage Litigation
Andrew Daechsel | PropertyCasualtyFocus In what appears to be the first substantive appellate ruling in COVID-19-related insurance coverage litigation, the Eighth Circuit Court of Appeals in Oral Surgeons, P.C. v. Cincinnati Insurance Co. ruled in favor of the insurer and affirmed the trial court’s order of dismissal under Iowa law. The plaintiff in Oral Surgeons, a dental practice,… Continue reading Insurer Prevails in First Substantive Appellate Ruling in COVID-19-Related Insurance Coverage Litigation
Arbitration Clauses – Could They Be Turned Against You?
Andrew R. Zellers | Buckingham, Dooittle & Burroughs Clients, what is your cost of arbitration? What if your customers try to demand arbitration all at the same time? What if you had to pay the filing fees for that arbitration? Are you really saving money? Maybe traditional litigation or a class action suit is more… Continue reading Arbitration Clauses – Could They Be Turned Against You?
Florida Enacts Significant Reform Impacting Property Insurance Claims
Scott Seaman and Daniel Shatz | Insights for Insurers Earlier this month, Florida Governor Ron DeSantis signed into law S.B. 76, enacting significant property insurance claim reform in the State of Florida that becomes effective on July 1, 2021. We summarize some of the highlights below. Regulation of Contractors and Public Adjusters Section One creates Florida… Continue reading Florida Enacts Significant Reform Impacting Property Insurance Claims