William Rabb | Claims Journal A federal appeals court has, at least for now, put an end to lingering questions about some property insurance claims litigation: The insured does not need to submit a competing damage estimate when filing a supplemental claim if the policy does not require it. But one of the underlying cases… Continue reading Supplemental Claims Don’t Need to Include Damage Estimates, Fed Appeals Court Says
Month: April 2024
Construction Defects Coverage Update
Shantinique Brooks | Plunkett Cooney Construction Defects – Eleventh Circuit (Florida Law) Southern-Owners Ins. Co. v. MAC Contractors of Florida, LLCNo. 23-11366, 2024 WL 1573685 (11th Cir. Apr. 11, 2024) The U.S. Court of Appeals for the Eleventh Circuit determined that an insurer had a duty to defend its insured on the basis that, at… Continue reading Construction Defects Coverage Update
Balancing Risk and Reward: the Complexities of Stadium Construction Projects
Gregory A. Eichorn | Peckar & Abramson From grand designs to opening day, stadium construction projects present a captivating blend of high-profile opportunities and significant challenges and risks. Navigating this complex landscape is not easy, but when managed properly, the potential rewards, both in terms of reputation and finances, can make it a gamble worth… Continue reading Balancing Risk and Reward: the Complexities of Stadium Construction Projects
Enforceability of Contract Provisions Extending Liquidated Damages Beyond Substantial Completion
Stu Richeson | The Dispute Resolver This post takes a look at the enforceability of contract provisions providing for liquidated delay damages after substantial completion. Typically, the assessment of liquidated delay damages ends at substantial completion of a project. However, various standard form contracts, including some of the ConsensusDocs and EJCDC contracts, contain elections allowing… Continue reading Enforceability of Contract Provisions Extending Liquidated Damages Beyond Substantial Completion
One’s Loss is Another’s “Claim”
Michael A. Amato | Saxe Doernberger & Vita While analyzing liability policies, courts grapple with a common issue: what constitutes a claim under a claims-made or claims-made-and-reported provision? When third-party claimants file suit, the analysis is often straightforward; the complaint itself is the claim. The analysis becomes murkier, however, when courts must determine whether a… Continue reading One’s Loss is Another’s “Claim”