Claim Preclusion: The Doctrine Everyone Thinks They Know But No One Really Knows What it Means in Practice

Garret Murai | California Construction Law Blog Generally, I think restraint in litigation is a good thing. Don’t go crazy on your claims, don’t go nut-so in your discovery, and don’t present your case at trial in a way that causes the judge and/or jury to raise their eyebrows or shake their heads in disbelief.… Continue reading Claim Preclusion: The Doctrine Everyone Thinks They Know But No One Really Knows What it Means in Practice

Willful or Wanton Conduct Not Enough to Overcome Economic Loss Rule Says Colorado Court

Amandeep S. Kahlon and Carly Miller | BuildSmart In Mid-Century Insurance Co., v. HIVE Construction, Inc., a Colorado court of appeals recently reversed the decision of a lower court that had refused to apply the economic loss rule to a negligence claim alleging wanton or willful misconduct. The appellate court determined that, where the negligence claim… Continue reading Willful or Wanton Conduct Not Enough to Overcome Economic Loss Rule Says Colorado Court

Florida’s “Groundbreaking” Property Insurance Reform Law

Bradley Fischer and Laura Farrant | Lewis Brisbois Bisgaard & Smith On December 16, 2022, Florida Governor Ron DeSantis signed into law Senate Bill 2-A (S.B. 2-A, or the Act). Widely touted as “groundbreaking,” S.B. 2-A reforms many aspects of the claims process, including the timing for paying and adjusting claims, eliminating one-way attorneys’ fee… Continue reading Florida’s “Groundbreaking” Property Insurance Reform Law

When Does a Claim Become a “Claim”? A Lesson on Timely Notice

Matthew J. Revis and Patrick M. McDermott | Hunton Andrews Kurth On March 20, 2023, the Southern District of New York denied a policyholder’s claim for coverage and granted the insurer’s motion for judgment on the pleadings in Pine Management, Inc. v. Colony Insurance Company. The parties disputed whether a real estate liability insurance policy provided defense and… Continue reading When Does a Claim Become a “Claim”? A Lesson on Timely Notice

Insurers Slashed Hurricane Ian Payouts Far Below Damage Estimates, Documents and Insiders Reveal

Brianna Sacks | Washington Post A Washington Post investigation has found that some policyholders had their claims cut by more than 80 percent When insurance adjuster Jordan Lee entered the cream-colored house battered by Hurricane Ian, the smell from the rain-soaked carpet made it hard to breathe. Piles of pink insulation covered the worn, white… Continue reading Insurers Slashed Hurricane Ian Payouts Far Below Damage Estimates, Documents and Insiders Reveal

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