KNOW YOUR BURDEN OF PROOF IN AN INSURANCE COVERAGE DISPUTE DEALING WITH AN ALL RISK POLICY
Understanding your burden of proof is vital. The burden of proof goes to what a party NEEDS to prove to satisfy or prove the claims or defenses asserted. It's need-to-know when litigating and trying a case (whether in court or arbitration).
The insurance coverage dispute of Valer v. Citizens Property Insurance...
DISPUTE AMONG JOINT VENTURE PARTNERS AND JOINT VENTURE AGREEMENT
In a dispute involving joint venture partners and a joint venture agreement, one of the partners sued a third party (which purchased the assets of the other partner). Claims against the third party included tortious interference of the joint venture agreement between...
CONSTRUCTION DEFECT DISPUTES: KNOW YOUR MEASURE OF DAMAGES!!!!!
Remember this: know your measure of damages in a construction defect dispute. If you don't, as shown below, the outcome can be unforgiving. The measure of damages is one of your most important elements of proof. You are filing suit for damages; thus, knowing what you can reasonably...
CONSIDER ARBITRATION PROVISION IN HOMEBUILDER’S WARRANTY AND PURCHASE-AND-SALE AGREEMENT
When you enter into a contract with a homebuilder, particularly a tract homebuilder, please consider two things when it comes to dispute resolution: (1) your purchase-and-sale agreement likely contains an arbitration provision, and (2) your limited warranty agreement you get in connection with closing likely also reinforces the arbitration provision,...
FINGER POINTING BETWEEN LIABILITY INSURERS AND “OTHER INSURANCE” PROVISION
It’s not uncommon when liability insurers point the finger at each other relating to which insurer should be deemed primary, which insurer should be excess, or whether a pro rata contribution between insurers applies. Typically, this needs to be decided by the “other insurance” provision in...
About The Author
David Adelstein
Phone: (954) 361-4720
Email: Dadelstein@gmail.com