Waiver and estoppel do not create insurance coverage where coverage does not exist. In other words, raising that an insurer waived or should be estopped from arguing a coverage exclusion does not create insurance coverage because coverage never existed. (Notably, this is different from a forfeiture argument which...

Foreclosure actions are equity actions. See Verzura Construction, Inc. v. Hotel La Petitite Muse, LLC, 50 Fla.L.Weekly D2500a (Fla. 3d DCA 2025).  Can a sale price at a foreclosure auction sale be set aside because the foreclosed party believes the sale price is grossly inadequate? A...

A driving issue in a recent dispute was whether a binding contract existed simply through the selection of a proposal in response to a solicitation. Or, was there nothing more than an "agreement to agree," which does not create a binding contract. There is an important distinction between...

Can the federal government declare a contract “void ab initio” or void from the beginning? Yes, if the government can “prove that the contractor (a) obtained the contract by (b) knowingly (c) making a false statement.” MLB Transportation v. U.S., 2025 WL 2962897, *8 (Fed.Cl. 2025) (citation omitted).