Compliance with Contractual and Jurisdictional Pre-Suit Requirements is Essential to Maximizing Recovery

Michael S. Levine, Geoffrey B. Fehling and Charlotte Liszinske | Hunton Insurance Recovery Blog Timely notice is an important first step in a successful insurance recovery.  But insurance policies are not always straightforward in identifying how, when, and to whom notice must be provided.  Some states may also impose additional procedural hurdles, including requiring policyholders… Continue reading Compliance with Contractual and Jurisdictional Pre-Suit Requirements is Essential to Maximizing Recovery

Court Strikes Expert Opinion that Surety Acted as a “De Facto Contractor”

David Adelstein | Florida Construction Legal Updates Designating and admitting experts is a vital component of any construction dispute.  Many construction disputes require experts.  Many construction disputes can only be won with the role of an expert. Thus, experts and construction disputes go hand-in-hand. No doubt about it!  Time needs to be spent on developing the right… Continue reading Court Strikes Expert Opinion that Surety Acted as a “De Facto Contractor”

Risky Business: Contractual Versus Equitable Rights of Subrogation

Kyle Rice | White and Williams In Zurich Am. Ins. Co. v. Infrastructure Eng’g. Inc., 2023 Ill. App. LEXIS 383, the insurer, Zurich American Insurance Company (Insurer) proceeded as subrogee of Community College District No. 508 d/b/a City Colleges of Chicago and CMO, a Joint Venture. The Appellate Court of Illinois, First District (Appellate Court) addressed… Continue reading Risky Business: Contractual Versus Equitable Rights of Subrogation

Insured Makes Sufficient Claim For Actual Cash Value Payment

Tred R. Eyerly | Insurance Law Hawaii     The court denied, in part, the insurer’s motion for summary judgment that argued the insured made an insufficient showing of entitlement to Actual Cash Value (ACV) payments under the policy. RR Restoration, LLC v. Empire Indem. Ins. Co., 2023 U.S. Dist. LEXIS 129388 (M.D. Fla. July 16,… Continue reading Insured Makes Sufficient Claim For Actual Cash Value Payment

What Is Included In Business Interruption Coverage?

Schwartz, Conroy & Hack Many commercial property policies provide coverage for business interruption losses that result from physical loss of or damage to insured property that was caused by a covered peril. For instance, if you can’t open your store temporarily due to damage from a fire, you could put in a claim for revenue… Continue reading What Is Included In Business Interruption Coverage?

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