William Rabb | Insurance Journal A decision handed down Thursday by the Florida Supreme Court, along with a recent ruling by state regulators, could give insurers another tool that could be used to stem the tide of claims litigation. In AirBnB Inc. vs. John Doe, the court overturned a Florida appellate court decision and essentially… Continue reading With Florida Rulings, Will More Insurers Require Arbitration in Claims Disputes?
Month: April 2022
Check Yourself, Before You Wreck Your Claim
Mark W. Vyvyan | Fredrikson & Byron Home improvement projects often end with disputes between the owner and contractor regarding the quality of the work done and the amount due the contractor. Homeowners often attempt to resolve these disputes by sending a check purporting to be “final payment” to the contractor. In a recent decision,… Continue reading Check Yourself, Before You Wreck Your Claim
What About Mediation? Four Reasons Worth Considering
Andrew Pearce | BoyarMiller As you probably already know, mediation is a non-binding process involving a neutral party who tries to resolve a dispute by working with the parties to negotiate a settlement. In most lawsuits, the parties agree to voluntarily mediate their case at some point (or the court will require the parties to… Continue reading What About Mediation? Four Reasons Worth Considering
Paying The Ultimate Premium: Does Your Insurance Cover Property Damage Or Will You Be Left Holding the Bag?
Anna-Bryce Hobson | Bradley Arant Boult Cummings A recent decision by the Eleventh Circuit (the federal appeals court supervising trial courts in Florida, Georgia, and Alabama) sheds light on at least one way that insurers with complicated policies (and a host of exclusions) may avoid providing coverage and defense resources to insured material suppliers whose… Continue reading Paying The Ultimate Premium: Does Your Insurance Cover Property Damage Or Will You Be Left Holding the Bag?
Step-by-Step: Failure to Strictly Comply With Dispute Resolution Procedure Can Waive Contractual Right to Arbitrate
Brian Rowlson | Bradley Arant Boult Cummings Most state and federal courts have expressed a strong preference for parties to resolve their legal disputes via binding arbitration when there is an arbitration clause applicable to the dispute, but there are instances where courts will deny such a request – even when the parties have expressly… Continue reading Step-by-Step: Failure to Strictly Comply With Dispute Resolution Procedure Can Waive Contractual Right to Arbitrate