William Rabb | Claims Journal Despite the Florida Legislature taking major steps to rein in the cost of roof claims and litigation, at least two insurers have come out with broad roof endorsements that seek to bar claims for wear and tear, poor workmanship and design issues – except for damage caused by named storms.… Continue reading Fla. Regulator Approves Roof Endorsements that Could Bar Non-Storm Claims
Month: June 2023
Florida’s Circuit Split on Expert Opinions Reveals a Decade-Long Divide
Michael Kranzler and Krithika Venugopal | Chartwell Law Where an insured does not fulfill his or her contractual duty to provide prompt notice and an insurer claims it was prejudiced as a result, Florida courts apply a two-step analysis to determine the impact of the notice. Courts determine whether (1) the insured’s notice was late… Continue reading Florida’s Circuit Split on Expert Opinions Reveals a Decade-Long Divide
De Bene Esse Depositions: A Trial Testimony Insurance Policy
Susan Dent and Pamela Schultz | Kennedys In the wake of COVID-19, litigators all across the United States are noticing an old, yet infrequently utilized, evidentiary tool emerge to address unexpected trial witness unavailability: the de bene esse deposition. A Latin legal term literally translated to “of well being,” the phrase refers to various acts which are… Continue reading De Bene Esse Depositions: A Trial Testimony Insurance Policy
Default Should Never Be An Option
Christopher G. Hill | Construction Law Musings Every time I think that the construction industry has learned that failure to respond to a lawsuit is never the correct response, another case of default judgment comes out. I’ve discussed on multiple occasions that failure to respond can only lead to disaster. Aside from being barred from making any substantive… Continue reading Default Should Never Be An Option
Whose Standing Now? Federal Circuit Changes Jurisdiction Precedent for Bid Protests
Lawrence Prosen | Cozen O’Connor On Monday, May 22, 2023, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) issued its decision in M.R. Pittman Group, LLC v. United States, Case No. 21-2325, in which it overturned years of precedent relating to whether the United States Court of Federal Claims (its lower court) (COFC) had subject… Continue reading Whose Standing Now? Federal Circuit Changes Jurisdiction Precedent for Bid Protests