Ezra Dunkle-Polier, Jonathan T. Elder and Nina L. Pickering-Cook | Anderson & Kreiger On June 7, 2022, the Massachusetts Appeals Court affirmed a strict reading of the Prompt Pay Act, G. L. c. 149, § 29E (the “Act”) in Tocci Building Corp. v. IRIV Partners, LLC, Case Nos. 21-P-393 & 21-P-733. That case and its background were… Continue reading Pay Now, Argue Later: Appeals Court Affirms Strict Interpretation of Prompt Pay Act
Month: June 2022
Fla. Court Clears Way for Video Recording of Adjuster’s Damage Inspections
William Rabb | Claims Journal Homeowners and public adjusters may now feel a little more emboldened to record an insurance adjuster’s inspection of a home, after a Florida appeals court ruled in favor of the practice last week – the third such ruling in as many years. The 4th District Court of Appeal, in West Palm… Continue reading Fla. Court Clears Way for Video Recording of Adjuster’s Damage Inspections
You Can’t Treat Construction Claims Like Your Grandkids
Matthew DeVries | Best Practices Construction Law I have seven children. and two of them have flown the coop. I also have two grandchildren who are ripe for spoiling. You see, grandchildren are a different type of kid, which means I get to treat them different than the kiddos living under my roof. In construction, however,… Continue reading You Can’t Treat Construction Claims Like Your Grandkids
Quick Note: Attorney’s Fees on Attorney’s Fees
David Adelstein | Florida Construction Legal Updates In a recent case, the appellate court held that the attorney’s fees provision in the contract was NOT broad enough to entitle the prevailing party to recover attorney’s fees for litigating the amount of attorney’s fees. This is known as “fees on fees” which is when you can recover your prevailing… Continue reading Quick Note: Attorney’s Fees on Attorney’s Fees
Insurer in Bad Faith Due to Adjuster’s Failure to Keep Abreast of Case Law
Tred R. Eyerly | Insurance Law Hawaii The federal district court found that the insurer acted in bad faith when the claim was denied based on the adjuster’s lack of knowledge of recent case law in Washington. Sec. Nat’l Ins. Co. v. Constr. Assocs. of Spokane, 2022 U.S. Dist. LEXIS 53533 (E.D. Wash. March… Continue reading Insurer in Bad Faith Due to Adjuster’s Failure to Keep Abreast of Case Law