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Recent Posts

LIABILITY INSURER’S DUTY TO DEFEND INSURED IS BROADER THAN ITS DUTY TO INDEMNIFY

Posted on 3 May, 2019
When it comes to liability insurance, an insurer’s duty to defend its insured from a third-party claim is much broader than its duty to indemnify.   This broad duty to defend an insured is very important and, as an insured, you need to know this.   “A liability insurer's...

INSURED UNDER PROPERTY INSURANCE POLICY SHOULD COMPLY WITH POST-LOSS POLICY CONDITIONS

Posted on 29 April, 2019
Your property insurance policy will contain post-loss policy conditions.  Examples include submitting a sworn statement in proof of loss, providing documentation to your insurer, and sitting for an examination under oath.  Insurers will require you, as the insured, to comply with post-loss...

QUICK NOTE: YES, YOU CAN WAIVE THE RIGHT TO ARBITRATE

Posted on 28 April, 2019
A party can waive the contractual right to arbitrate.  Waiver is the "voluntary and intentional relinquishment of a known right or conduct which implies the voluntary and intentional relinquishment of a known right."  Ship IV Harbour Island, LLC v. Boylan, 44 Fla. L. Weekly D831a (Fla. 5th DCA...

EBOOK: DELAY! THE PROJECT IS LATE – WHAT DO YOU DO, WHO IS AT FAULT, AND HOW DO YOU ALLOCATE THE DELAY?

Posted on 27 April, 2019
Over the years, I have put on presentations for project teams discussing the concept of delay -- a late project -- and related topics.  I discuss key terms relative to delay by using various hypotheticals. It is an interactive presentation that solicits the audience's input so they are...

QUICK NOTE: LIS PENDENS BOND WHEN LIS PENDENS NOT FOUNDED ON RECORDED INSTRUMENT OR STATUTE

Posted on 17 April, 2019
If a lis pendens is recorded and the lis pendens is NOT founded on a duly recorded instrument (e.g., mortgage or lien), a lis pendens bond should be recorded.  The lis pendens bond should cover prospective damages associated with the wrongful...