Amy Anderson | ConsensusDocs After nearly any event that causes inefficiency, delay, or extra cost on a project, there are some things you should always do: review the contract and document the inefficiency, delay, or cost. However, how you document the particular issue likely changes depending on what is in your contract, your position on the project,… Continue reading Limitations: There is a Point of No Return
Month: September 2023
First Circuit Holds No Coverage Where Insured Failed to Provide Timely Notice of Claim
Emily Hart | Wiley Rein The United States Court of Appeals for the First Circuit, applying Massachusetts law, held that no coverage was available for a lawsuit because the insured failed to provide timely notice to the insurer. Nahant Preservation Trust, Inc. v. Mount Vernon Fire Ins. Co., 2023 WL 5266290 (1st Cir. Aug. 16, 2023).… Continue reading First Circuit Holds No Coverage Where Insured Failed to Provide Timely Notice of Claim
Fla. Public Adjusters Can’t Act as Appraisers if Fees Exceed Statutory Cap
William Rabb | Claims Journal Public adjusters cannot double as appraisers in claims disputes if their total fees exceed the statutory cap, a Florida appeals court decided Wednesday in what may be seen as another win in property insurers’ long battle against tactics allegedly employed by some public adjusters. The decision in Monarch Claims Consultants… Continue reading Fla. Public Adjusters Can’t Act as Appraisers if Fees Exceed Statutory Cap
Nevada Update: Nevada Commissioner of Insurance Updates Burning Limits Statute with Emergency Regulation
William S. Bennett | SDV Insights Following significant backlash in reaction to the Nevada legislature’s new law prohibiting enforcement of any provisions in liability insurance policies dictating that defense costs are included within the limits of insurance, the Nevada Division of Insurance issued an emergency regulation further clarifying the law.1 The regulation modifies two key… Continue reading Nevada Update: Nevada Commissioner of Insurance Updates Burning Limits Statute with Emergency Regulation
New Florida Bill Shortens Time for Construction-Defect Lawsuits
Jessica Zelitt | Construction Executive On April 13, 2023, Florida Gov. Ron DeSantis signed Senate Bill 360 into law. This legislation alters the time period for bringing forward construction-defect lawsuits, as well as modifies the current private right of action against a contractor for violation of the Florida Building Code. First, SB 360 amends §… Continue reading New Florida Bill Shortens Time for Construction-Defect Lawsuits