Florida Construction Insurance Lawyer

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

 

Are you a contractor that utilizes large equipment such as a crane for purposes of your construction operations?  If so, is the equipment owned or leased from an equipment supplier?  Assuming you utilize such equipment, have you considered appropriate insurance … Continue reading
Author: David Adelstein
Posted: July 15, 2018, 1:39 pm
Many property insurance policies have an exclusion regarding loss caused by a repeated leakage of water over a period of 14 days or more.  Think of a leak with a plumbing system and that leak is continuous over a period … Continue reading
Author: David Adelstein
Posted: June 30, 2018, 2:15 pm
Design professionals are oftentimes reluctant to contractually agree to defend their client (e.g., the owner) from claims arising from their negligence.  The reason for this is typically twofold: (1) their professional liability policy does not permit the owner to be … Continue reading
Author: David Adelstein
Posted: June 24, 2018, 12:43 pm
Remember, if you sustain a property loss due to a casualty, notify your property insurer.  Don’t remediate the damage and then after-the-fact notify your insurer.  If you do, the insurer will claim the lack of timely notice prejudiced its rights … Continue reading
Author: David Adelstein
Posted: May 28, 2018, 10:36 pm
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