Post on Jun. 21, 2013
The developers of a residential community in Colorado were sued by the homeowners' association alleging various construction defects. The parties stipulated to arbitrate their......
Post on Jun. 21, 2013
Under the terms of the homeowners' insurance policy and applicable Florida law, any misrepresentation-even an innocent one-made by the insured on the policy application may serve as a basis for voiding the policy; the......
Post on Jun. 21, 2013
On rehearing, the Fourth District Court of Appeal reversed summary judgment in favor of an insurer in a third-party bad-faith case, ruling there were genuine issues of material fact regarding whether the insurer acted......
Post on Apr. 02, 2013
A rule promulgated by the Florida Department of Financial Services—adding a time limitation to a statute requiring an insurer to notify its insured of available mediation when a first-party property insurance claim is......
Post on Mar. 22, 2013
Significance: A Minnesota federal court found there was coverage under a commercial general liability policy for damages related to the recall of instant milk used in a popular brand of instant......
Post on May 05, 2010
Within a 30-day period, the U.S. District Court for the Southern District of Florida addressed the application of hurricane deductibles in three different coverage matters. Although the policies at issue insured......
Post on May 05, 2010
Assuming that a loss falls with the terms and conditions of the insurance policy and is a covered loss, the next question to be addressed is the quantum of the loss. The quantum of the loss is generally resolved by......
Post on May 05, 2010
Among the numerous types of insurance available, coverage for loss of rent or loss of rental income is one of the less well known. C.T. Drechsler, Rent Loss Insurance, 17 A.L.R. 2d 1226 (1951). Although it is less well......
Post on May 05, 2010
Will I know him when I see him? We now know the answer is a resounding "no." Until recently, when we heard the words sexual predator, an image of a dirty old man, dressed in a trench coat, lurking around an elementary......
Post on May 05, 2010
Throughout the last two decades, courtrooms have been deluged with litigation regarding allegations of repressed memories of childhood sexual abuse, leading to considerable debate as to whether the concept itself, not......