William Rabb | Claims Journal If a property insurer is going to object to an appraisal panel member’s fee arrangement, it must do so early in the process – not after the panel provides an unfavorable, multimillion-dollar appraisal award. That was the word this week from the U.S. 11th Circuit Court of Appeals in a… Continue reading Court Rules Florida Insurer Can’t Object to Appraiser After the Award Is Decided
Month: August 2024
Must Read Decision Involving Construction Joint Ventures
Douglas L. Patin and Lee-Ann C. Brown | BuildSmart A recent decision from the U. S. District Court for the Middle District of Florida, is a MUST READ for any lawyer or construction executive involved with joint ventures (“JV’s”). This decision provides a rare, detailed look into the contentious dynamics at play when JV relationships… Continue reading Must Read Decision Involving Construction Joint Ventures
A Reminder To Take Evidence-Preservation Obligations Seriously
Crinesha Berry | Crowell Recent legal developments underscore the importance of adhering to evidence- preservation obligations. A party can face severe sanctions for failing to preserve critical documents, including email accounts of former employees. Sanctions can vary from reasonable attorney fees and expenses in connection with a motion for sanctions to having certain facts established,… Continue reading A Reminder To Take Evidence-Preservation Obligations Seriously
Are Mechanic’s Liens the Be All End All of Construction Collections?
Christopher G. Hill | Construction Law Musings For those of you familiar with Construction Law Musings, you are aware of my affinity and discussion of those powerful but tricky collection tools: mechanic’s liens. You have heard me tout their ability to secure payment when a contractor or subcontractor has not been paid on a construction project (even… Continue reading Are Mechanic’s Liens the Be All End All of Construction Collections?
Court Addresses Whether Rainwater Accumulation on Roof Constituted “Surface Water”
Joshua Tumen | Property Insurance Law Observer In Zurich American Insurance Company v. Medical Properties Trust, Inc., 2024 WL 3504060 (Mass. Jul. 23, 2024), the Supreme Judicial Court of Massachusetts held that the term “surface waters,” as used in a limitation contained in commercial property insurance policies, was ambiguous in the context of rainwater accumulating on… Continue reading Court Addresses Whether Rainwater Accumulation on Roof Constituted “Surface Water”