Theresa A. Guertin | SDV Insights In June 24, 2021, the Champlain Towers South in Surfside, Florida collapsed, killing nearly 100 individuals (the “Collapse”). As experts uncover more information regarding the cause of the Collapse, those individuals who have filed lawsuits as well as the potentially culpable defendants are looking to insurers for coverage of… Continue reading Potential Coverage Issues Implicated by the Champlain Towers Collapse
Month: March 2022
Miorelli Doctrine’s Sovereign Immunity in Public Construction Contracts – Not the Be-All and End-All
David Adelstein | Florida Construction Legal Updates In the Florida commercial contract public arena, there is a sovereign immunity doctrine known as the Miorelli doctrine after 1997 Florida Supreme Court decision, County of Brevard v. Miorelli Eng’g, Inc., 703 So.2d 1049 (Fla. 1997). This doctrine would apply to construction contracts between a contractor and a public body. Through the years, the Miorelli doctrine… Continue reading Miorelli Doctrine’s Sovereign Immunity in Public Construction Contracts – Not the Be-All and End-All
Resolving Insurance Coverage Disputes – What Every Legal Department Should Know
Scott Godes and David E. Wood | BT Policyholder Protection Blog In 2022, the insurance industry has been emboldened to issue improper denials of insurance coverage for claims and lawsuits, threaten rescission of insurance policies and sell insurance policies with hidden trapdoors buried in endorsements. This could create a potentially devastating impact on a company’s… Continue reading Resolving Insurance Coverage Disputes – What Every Legal Department Should Know
Viewpoint: Is Appraisal an Arbitration? Yes and No. Maybe. Sort of.
George E. Reede, Jr. and Jessica E. Pak | Claims Journal Appraisal and arbitration are similar – and different. Are they so similar that appraisal can be called a form of arbitration, or are they so different that appraisal is a thing unto itself? And most important, the next time you contemplate demanding appraisal –… Continue reading Viewpoint: Is Appraisal an Arbitration? Yes and No. Maybe. Sort of.
Colo. Supreme Rules Adjuster Can’t Be Held Personally Liable for Denied Claim
Jim Sams | Claims Journal A Colorado law that allows claimants to collect double coverage if a claim is unreasonably denied or delayed does not allow plaintiffs to hold claims adjusters personally liable, the state Supreme Court decided Monday. In a unanimous decision, the high court said the plain statutory language makes it clear that insurers,… Continue reading Colo. Supreme Rules Adjuster Can’t Be Held Personally Liable for Denied Claim