Florida Construction Insurance Lawyer

Florida Construction Insurance Lawyer is a blog that focuses on insurance-related issues applicable to the construction industry.

 

In an earlier posting I discussed the application of exclusionary language in an automobile liability insurance policy that contained an “other insurance” clause.  In yet another example dealing with an automobile liability insurance policy dealing with uninsured motorist coverage, the … Continue reading
Author: David Adelstein
Posted: October 17, 2017, 1:41 am
When an insurer believes it does not owe a duty to indemnify its insured, it is not uncommon that it (1) starts to defend the insured under a reservation of rights and (2) files an action for declaratory relief contending … Continue reading
Author: David Adelstein
Posted: October 15, 2017, 11:13 am
Contingency fee arrangements are used outside of personal injury disputes. They are a performance-based attorney’s fees arrangement where the attorney only gets paid if the client gets paid. There are numerous ways such arrangements can be structured, and if interested … Continue reading
Author: David Adelstein
Posted: October 1, 2017, 4:02 pm
After dealing with the fury and unpredictability of Hurricane Irma, are you thinking that now may be the time to procure business interruption / income insurance? If not, maybe you should give it strong consideration. I am sure after dealing … Continue reading
Author: David Adelstein
Posted: September 13, 2017, 11:23 pm
When dealing with a massive hurricane, such as Hurricane Irma, there is sure to be property damage.   Dealing with property damage is, of course, much better than dealing with the loss of life or injury.  Sometimes, you just need … Continue reading
Author: David Adelstein
Posted: September 12, 2017, 3:14 pm
Talking about a potentially unfair case towards an insurer…here it is. Talking about a case where an insured smartly took advantage of an insurer’s lose-lose position…it is the same case.   The insured took advantage of an unintended consequence under the … Continue reading
Author: David Adelstein
Posted: September 1, 2017, 8:59 pm
Did your insurance carrier deny coverage? “When an insurance carrier investigates a claim of loss and denies coverage because it concludes that a covered loss has not occurred, the insurance carrier cannot assert the insured’s failure to comply with the … Continue reading
Author: David Adelstein
Posted: August 27, 2017, 1:27 pm
When your insurance policy grants you coverage and then takes it away it is called illusory coverage. (To give and then taketh away!)  For example, if the policy covers you for “X” but elsewhere in the policy it excludes or … Continue reading
Author: David Adelstein
Posted: August 19, 2017, 11:06 am
If you are having insurance coverage issues or concerns, do yourself a favor and consult with counsel.  Make sure your rights are perfected.   A recent Florida appellate case reiterates the requirements to perfect a statutory insurance bad faith claim: … Continue reading
Author: David Adelstein
Posted: August 13, 2017, 12:52 pm
When a claim is asserted against you in a construction defect dispute, one of the first things you will do (and should absolutely do) is notify your commercial general general liability insurer.  You want to make sure your insurer initially … Continue reading
Author: David Adelstein
Posted: July 30, 2017, 2:15 pm