Meredith Schilling | Zelle A recent case out of Colorado highlights the continued attack on the attorney-client privilege during the claim adjustment process. In In re: Hill Hotel Owner, LLC v. Hanover Insurance Company, 557 P.3d 798 (Colo. Oct. 29, 2024), the District Court issued an order requiring the insurer defendant to turn over all communications between… Continue reading Balancing Discovery and Protecting the Attorney-Client Privilege In the Insurance Coverage Context
Attorneys’ Fee Amount and Multiplier Reversed by Appellate Court
Michael Packer | Marshall Dennehey The Third District Court of Appeal reversed and remanded the initial fee award entered by the trial court: $150 per hour more than plaintiff’s counsel’s contingency fee agreement and a 1.8 multiplier. The appellate court found the trial court did not make the necessary findings in the first-party property claim… Continue reading Attorneys’ Fee Amount and Multiplier Reversed by Appellate Court
Make Sure You Comply with Florida’s Pre-Suit Notice Requirements for Construction Defects
David Adelstein | Florida Construction Legal Updates Welcome to Florida! If you deal with construction defects in Florida, then you know, or certainly should know, about Florida Statutes Chapter 558. Chapter 558 contains the pre-suit notice requirements before instituting a construction defect lawsuit. They are a “must know” if you practice in the construction defect world. While I may not be a… Continue reading Make Sure You Comply with Florida’s Pre-Suit Notice Requirements for Construction Defects
How Not to Frustrate an Arbitrator
Nancy Holtz and Patricia Thompson | JAMS A recent federal court ruling held that an arbitration award would be enforced under the facts of that case, regardless of whether the parties considered the award “good, bad or ugly.” See RSM Production Corp. v. Gaz du Cameroun, S.A., 117 F.4th 707, 714 (5th Cir. 2024). As explained… Continue reading How Not to Frustrate an Arbitrator
Ticking Coverage Bomb: The Cost Of Delayed Notice In Claims-Made Policies
Jean-Paul Rudd | Adams & Adams Claims-made policies often require that policyholders notify their insurer promptly or as soon as practicably possible after an incident that may give rise to a claim. This requirement exists primarily to allow insurers to investigate potential claims while evidence is still fresh. Prompt notice helps ensure that key details… Continue reading Ticking Coverage Bomb: The Cost Of Delayed Notice In Claims-Made Policies