Tred R. Eyerly | Insurance Law Hawaii The Eleventh Circuit recently held that the district court’s order compelling appraisal and staying the proceedings pending appraisal was an interlocutory order that was not immediately appealable under 28 U.S.C. 1292 (a) (1). Positano Place at Naples Condominium Association, Inc. v. Empire Indem. Ins. Co., 2023 U.S.… Continue reading Appellate Court Lacks Jurisdiction Over Order Compelling Appraisal
Month: January 2024
No Coverage Under Installation Policy When Read Together With Insurance Application
David Adelstein | Florida Construction Legal Updates A recent case out of the Eleventh Circuit denied an underground contractor’s claim under what appears to be a commercial property installation floater policy (inland marine coverage) that covers the contractor’s materials. Whereas a builder’s risk policy is more expansive, an installation floater is narrower and can provide protection to… Continue reading No Coverage Under Installation Policy When Read Together With Insurance Application
Courthouse Reporter Series: Two Recent Cases Address Copyright Protection for Architectural Works
Stu Richeson | The Dispute Resolver Recent decisions by the Seventh Circuit and the Eight Circuit have addressed the scope of protection afforded to architectural works under copyright law. The Seventh Circuit case of Design Basics, LLC v. Signature Constr., Inc., 994 F.3d 879 (7th Cir. 2021), took a somewhat narrow view of the copyright protection afforded… Continue reading Courthouse Reporter Series: Two Recent Cases Address Copyright Protection for Architectural Works
The 2024 Colorado Legislative Session Promises to be a Busy One for the Construction Industry and its Insurers
David McLain | Higgins, Hopkins, McLain & Roswell January 10th marked the first day of the 2024 Colorado legislative session. After the pomp and circumstance of opening day, a total of eighty-six bills were introduced. Among them, two impact the construction and insurance industries. First, House Bill 24-1008 would make general contractors and their subcontractors, which are direct… Continue reading The 2024 Colorado Legislative Session Promises to be a Busy One for the Construction Industry and its Insurers
LA Supreme Court Clarifies Contract Controls Prescriptive Period For First-Party Bad Faith Claims
Caroline F. Crosby and Hunter Williams C. | Phelps Dunbar The Louisiana Supreme Court recently ruled that an insurance policy’s two-year limitation on the institution of suits by a policyholder creates a two-year prescriptive period for a policyholder’s bad faith claim against the insurer, even though the claim otherwise would have a 10-year prescriptive period. In 2023,… Continue reading LA Supreme Court Clarifies Contract Controls Prescriptive Period For First-Party Bad Faith Claims