QUICK NOTE: LIABILITY INSURER’S DUTY TO DEFEND AND DUTY TO INDEMNIFY
An insurance company's duty to defend is distinct from...
QUICK NOTE: DOCTRINE OF REASONABLE EXPECTATIONS DOES NOT APPLY TO INSURANCE POLICIES
The doctrine of “reasonable expectations” does NOT apply to insurance policies. Catalina West Homeowners Association, Inc. v. First Community Ins. Co., 50 Fla.L.Weekly D1318a (Fla. 3d DCA 2025). " ‘Under this doctrine, the insured's expectations as to the scope of coverage is upheld provided that such expectations are...
LACK OF CREDIBILITY CAN DESTROY A CLAIM
Lack of credibility can undermine your claim in a HUGE way. That lack of credibility can come from a party or a party’s expert. In Appeal of ECC International Constructors, LLC, ASBCA No. 59586, 2025 WL 1357784 (ASBCA 2025), a contractor's
QUICK NOTE: TERMINATION FOR CONVENIENCE PROVISIONS GIVE A PARTY BROAD DISCRETION TO END A CONTRACTUAL RELATIONSHIP
QUICK NOTE: JUST BECAUSE A DISCRETIONARY CONTRACTUAL PROVISION DOESN’T GO YOUR WAY DOESN’T MEAN THE OTHER PARTY BREACHED THEIR IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING
In the previous posting, I discussed a contractor that lost its constructive acceleration claim. In the same case, the contractor argued that the government / owner breached the implied covenant of good faith and fair dealing that exists in every contract. The...
About The Author
David Adelstein
Phone: (954) 361-4720
Email: Dadelstein@gmail.com