Peter C. Vilmos – March 28, 2013 For years, litigating breach of contract cases in Florida meant having to struggle with the array of cases dealing with the Economic Loss Rule. In its simplest form, the Economic Loss Rule is a judicially created principle that prohibits tort damages in a breach of contract action where… Continue reading The Emperor’s New Economic Loss Rule
Tag: insurance coverage
Economic Loss Rule, 1850-2013, R.I.P.
Stan Martin – March 12, 2013 The folks who eroded the privity rule in A.R. Moyer v. Graham have now abolished the economic loss rule in Tiara Condominium Ass’n v. Marsh & McClennan. The decision, issued March 7, 2013 by the Florida Supreme Court, is blunt: “We . . . hold that the application of… Continue reading Economic Loss Rule, 1850-2013, R.I.P.
Want Coverage for Construction Related Damage? You Need an Occurrence
Christopher G. Hill – February 25, 2013 In reading the title to this post, you are likely thinking “Duh, of course you do, if nothing “occurs” then there is nothing to cover!” (or something to that effect). While this seems an obvious conclusion, we’re talking the world of law, construction and insurance coverage where nothing… Continue reading Want Coverage for Construction Related Damage? You Need an Occurrence
Attorneys Discuss Liability Insurance Coverage for Sandy Litigation
Jared Zola and Jeffrey L. Schulman – December 21, 2012 Homeowners, businesses, and municipalities in the tri-state area continue to rebuild and rebound from Superstorm Sandy. Often, large-scale devastation and destruction are followed by lawsuits against individuals and entities allegedly responsible for protecting, managing, and maintaining the damaged buildings. A handful of such lawsuits have… Continue reading Attorneys Discuss Liability Insurance Coverage for Sandy Litigation
10 Tips For Pursuing Claims After Construction Accidents
Finley Harckham – December 27, 2012 After major construction accidents, developers and contractors understandably shift into high gear in an effort to get the project moving forward again. At the same time, however, care must be taken to preserve the right to recover under insurance policies and bonds, and to pursue claims effectively. By following… Continue reading 10 Tips For Pursuing Claims After Construction Accidents