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Recent Posts
FUNDING THE SELF-INSURED RETENTION (SIR)
Posted on 28 June, 2020
Unlike a deductible, a self-insured retention (referred to an “SIR”) is, as the name suggests, a self-insured obligation of the insured before its insurer picks up coverage. The SIR needs to be exhausted by the insured (as the primary self-insurance component) before the carrier’s...
INSURED’S CLAIM FOR DECLARATORY RELIEF IN COVERAGE DISPUTE
Posted on 23 June, 2020
In an insurance coverage dispute, it is common for the insured or the insurer to file a lawsuit that includes a claim for declaratory relief -- asking the court to render a ruling as to the coverage issue. This claim is proper if an insurer denied coverage or...
QUICK NOTE: COVID-19 CLAIM – PROVING CAUSATION
Posted on 21 June, 2020
In certain jurisdictions, the number of people testing positive for COVID-19 is on the rise. As this occurs, there is the possibility that a construction project will have to deal with one or more workers testing positive. That is the current reality. If the dialogue has not occurred before, now...
VALUE IN RECORDING LIEN WITHIN EFFECTIVE NOTICE OF COMMENCEMENT
Posted on 20 June, 2020
Construction lien priority is no joke! This is why a lienor wants to record its construction lien within an effective notice of commencement. A lien recorded within an effective notice of commencement relates back in time from a priority standpoint to the date the notice of...
ORDINARY USE OF TERM IN INSURANCE POLICY PREVAILED
Posted on 6 June, 2020
There are cases where you feel for the plaintiff, but understand why they did not prevail, despite the creative efforts of their counsel. The case of Robinson v. Liberty Mutual Ins. Co., 958 F.3d 1137 (11th Cir. 2020) is one of these cases.
In Robinson, the plaintiff moved into a home...
About The Author
David Adelstein
Phone: (954) 361-4720
Email: Dadelstein@gmail.com
Pages
- About Me (David Adelstein)
- Bid Protests (Florida bid protests and Federal bid protests)
- Construction & Design Defects (and Florida Statutes Chapter 558)
- Construction Contracts
- Construction Liens
- Construction Safety, Workers Compensation Insurance, and Premise Liability Claims
- Delays, Acceleration, and Inefficiency (Lost Productivity)
- Insurance and Performance Bonds
- Payment Bonds Including Miller Act