Daniel B. Swaja | International Law Office | May 21, 2018 In any construction dispute resolution process, not only does a claimant have to prove liability of the other party, but the claimant must also prove damages to prevail on its claim. The proof of damages element to prevailing on a claim is often overlooked… Continue reading Choosing a Damages Methodology for Certain Construction Claims
Tag: Insurance Claims
Limiting Third-Party Claims through Controlled Insurance Programs
Brian M. Stork | Kane Russell Coleman Logan PC | May 4, 2018 All owners and general contractors are familiar with the scenario where the employee of a subcontractor is injured while working on a large construction project. The subcontractor is generally a workers’ compensation subscriber and, therefore, immune from any direct claims asserted by… Continue reading Limiting Third-Party Claims through Controlled Insurance Programs
Insureds Still Cannot Obtain Insurer’s Claim File
Marie Laur | Property Insurance Coverage Law Blog | May 6, 2018 Whether an insured can access an insurer’s claim file has often been addressed by Florida courts. Recently, a Florida appellate court followed other courts’ rulings in holding that an insured cannot obtain its insurer’s claim file. In Homeowners Choice Property and Casualty Ins. Co.… Continue reading Insureds Still Cannot Obtain Insurer’s Claim File
Policyholder Must Pay Deductible When Insurance Company Invokes Right to Repair a Partial Loss
Ashley Harris | Property Insurance Coverage Law Blog | May 1, 2018 Recently, the Second District Court of Appeal affirmed the dismissal of a class action against Omega Insurance Company in which the policyholders asserted that Omega improperly required them to pay a deductible when Omega invoked its right to repair the property. In Ganzemullers v.… Continue reading Policyholder Must Pay Deductible When Insurance Company Invokes Right to Repair a Partial Loss
Choosing a Damages Methodology for Certain Construction Claims
Daniel B. Swaja | Kilpatrick Townsend & Stockton LLP | April 18, 2018 In any construction dispute resolution process, not only does a claimant have to prove liability of the other party, but the claimant must also prove damages to prevail on its claim. The proof of damages element to prevailing on a claim is… Continue reading Choosing a Damages Methodology for Certain Construction Claims