Cheryl Shoun | Nexsen Pruet | June 11, 2019 It is well established that policies of insurance are contracts, subject to basic contract law. While parties are generally permitted to contract as they wish, such privilege is not absolute in the context of insurance; required coverage may not be omitted. Rather, statutory obligations relating to… Continue reading Insurance Policies: Where Is the Proper Balance Between Limitation of Liability and Adherence to Public Policy
Category: Insurance
Lights. Camera. Not an Action? Amendment to Section 558.004, Florida Statutes
William Linero, Jr. | Butler Weihmuller Katz Craig | June 14, 2019 On July 1, 2019, Chapter 558, Florida Statutes, will be amended to add section 558.004(1)(d), which states: “A notice of claim served pursuant to this chapter shall not toll any statute of repose period under chapter 95.”[1] In adding 558.004(1)(d), it appears that the… Continue reading Lights. Camera. Not an Action? Amendment to Section 558.004, Florida Statutes
Property Owner’s Defense Goes Up in Smoke in Careless Smoking Case
Michael Ciamaichelo | White and Williams LLP | June 11, 2019 Property owners owe a duty of reasonable care to avoid causing harm to neighboring properties. When a property owner knows or should know about a condition that poses a risk of danger to neighboring properties, the property owner must exercise reasonable care to make… Continue reading Property Owner’s Defense Goes Up in Smoke in Careless Smoking Case
Trial Court’s Award of Contractual Fees to Public Adjuster Overturned
Tred R. Eyerly | Insurance Law Hawaii | April 29, 2019 A judgment awarding the public adjuster his compensation for work performed under contract was remanded for further proceedings by the Hawaii Intermediate Court of Appeals. Joslin v Ota Camp-Makibaka Ass’n, 2019 Haw. App. LEXIS 155 (Haw. Ct. App. April 5, 2019). … Continue reading Trial Court’s Award of Contractual Fees to Public Adjuster Overturned
Liability Insurer’s Duty to Defend Insured is Broader than its Duty to Indemnify
David Adelstein | Florida Construction Legal Updates | May 3, 2019 When it comes to liability insurance, an insurer’s duty to defend its insured from a third-party claim is much broader than its duty to indemnify. This broad duty to defend an insured is very important and, as an insured, you need to know this. “A liability insurer’s obligation,… Continue reading Liability Insurer’s Duty to Defend Insured is Broader than its Duty to Indemnify