Margaret Karchmer | Wiley Rein The United States District Court for the Southern District of Florida, applying Florida law, denied an excess insurer’s motion to dismiss an estoppel claim where the insurer reversed its coverage position on which the insured alleged it had detrimentally relied. Scott v. Certain Underwriters at Lloyd’s London Subscribing to Policy No.… Continue reading Promissory Estoppel Claim Allowed to Proceed Against Insurer Based on Reversal in Coverage Position
Tag: Promissory Estoppel Claim
Narrow Promissory Estoppel Exception to Create Insurance Coverage
David Adelstein | Florida Construction Legal Updates There is an affirmative claim known as promissory estoppel. (Whereas equitable estoppel is used an affirmative defense, promissory estoppel is used as an affirmative claim.) To prove promissory estoppel, a plaintiff must plead and prove the following three elements: “(1) a representation as to a material fact that is… Continue reading Narrow Promissory Estoppel Exception to Create Insurance Coverage
After Sixty Years, Subcontractors are Back in the Driver’s Seat in Bidding on California Construction Projects
William L Porter | Porter Law Group | September 2016 For almost the last sixty years, the standard for bidding on California construction projects has been governed by the landmark case of Drennan v. Star Paving (1958) 51 Cal.2d 409; which generally states that the contractor bidding to perform work for a project owner is… Continue reading After Sixty Years, Subcontractors are Back in the Driver’s Seat in Bidding on California Construction Projects
Despite (or Because of) Extensive Negotiations, No Contract and No Promissory Estoppel
Stephen M. Proctor | Masuda Funai Eifert & Mitchell Ltd. | July 11, 2016 A common scenario involves two parties involved in intense and prolonged negotiations that one party feels resulted in an enforceable contract, but the other party does not. One of the most notorious examples of this scenario was the acquisition of Getty… Continue reading Despite (or Because of) Extensive Negotiations, No Contract and No Promissory Estoppel