Florida Construction Insurance Lawyer

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

 

There are property (homeowner) insurance policies that contain right to repair clauses.  These right to repair clauses give the insurer the option to repair the loss with its preferred contractor.  Some insurers even have a captive restoration contractor that serves … Continue reading
Author: David Adelstein
Posted: May 5, 2018, 11:03 pm
In an insurance coverage dispute, an insurer’s claim file is not discoverable.  Typically, this is protected as work product and/or not relevant to the issues underlying coverage.  And this is true — the claims file is NOT relevant to the … Continue reading
Author: David Adelstein
Posted: April 29, 2018, 1:39 pm
A liability insurer’s duty to defend its insured is triggered by the allegations in the complaint.  You probably already know this from reading a number of other articles on an insurer’s duty to defend.  A recent federal district court opinion … Continue reading
Author: David Adelstein
Posted: April 22, 2018, 11:04 pm
Insurance coverage disputes may result in expert witnesses.  An expert is used to help determine the cause of the loss or the damages covered under the policy.  But, just because you, an insured, have an expert opinion that says “X” … Continue reading
Author: David Adelstein
Posted: April 8, 2018, 2:00 pm
In order to assert a first-party bad faith claim against your insurer, you must  file a Civil Remedy Notice identifying the statutory violations.  This gives the insurer 60 days to cure the violations.   What happens if the insurer cures … Continue reading
Author: David Adelstein
Posted: March 31, 2018, 2:37 pm
When it comes to filing a claim against another’s liability insurer, injured parties sometimes try to improperly put the proverbial cart before the horse.   You CANNOT sue another’s liability insurer (a policy you are not insured under) until you … Continue reading
Author: David Adelstein
Posted: March 11, 2018, 11:00 pm
There is an exclusion in property insurance policies dealing with the repeated seepage or leakage of water over a period of 14 days or more.   For example, if a pipe bursts and there is a repeated seepage of water … Continue reading
Author: David Adelstein
Posted: March 1, 2018, 11:23 pm
As an insured, when you are suing an insurance carrier you are moving for attorney’s fees to the extent you prevail in the coverage lawsuit.  For an insurer to counteract your right to fees, the insurer may serve a proposal … Continue reading
Author: David Adelstein
Posted: February 15, 2018, 9:59 pm
As a contractor you need to appreciate the “your work” exclusion in your CGL policy.  It is an exclusion that will absolutely come into play if there is a latent construction defect claim asserted against you.  You also need to … Continue reading
Author: David Adelstein
Posted: February 11, 2018, 11:01 pm
Recently, I participated in a webinar relating to bad faith insurance claims when dealing with a first-party property insurance carrier.  A portion of the powerpoint presentation I put on can be seen here.  Please visit the link and review the … Continue reading
Author: David Adelstein
Posted: January 28, 2018, 10:09 pm