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Recent Posts

INSURER CAN DEMAND APPRAISAL WHERE IT HAS NOT WHOLLY DENIED COVERAGE

Posted on 11 April, 2020
  Certain property insurance policies provide that if the insurer or insured fail to agree on the quantum of the loss, either party can demand that the quantum be decided by appraisal.  Some policies provide this is a permissible process.  Others provide the process is mandatory provided...

VIDEO CONFERENCE CONSULTATION FOR YOUR CONSTRUCTION ISSUE AND COVID-19 CONCERNS

Posted on 7 April, 2020
COVID-19 has brought on tons of uncertainty.  Tons of angst.  Tons of concern.   Tons of deliberation and questions over whether this is (i) a force majeure issue, (ii) a national emergency, (iii) an occurrence that gives rise to a business interruption insurance claim or a property damage insurance claim,...

PROVING AND CHALLENGING CAUSATION UNDER NAMED PERILS PROPERTY INSURANCE POLICY

Posted on 5 April, 2020
Under a named perils property insurance policy, the insured bears the burden of proof to prove that the peril, a covered loss, caused the asserted damage.  See Citizens Property Ins. Corp. v. Kings Creek South Condo, Inc., 45 Fla. L. Weekly D597a (Fla. 3d DCA 2020).   

THE ARBITRATION PROVISION SHOULD DICTATE WHETHER JUDGE OR ARBITRATOR DECIDES ARBITRABILITY OF ISSUE

Posted on 4 April, 2020
An arbitration provision should specifically dictate whether you want a judge or arbitrator to decide the arbitrability of a claim or issue.  The reality is, if you prefer your disputes to be resolved by arbitration, you should dictate that the arbitrator decides the arbitrability of issues or claims....

CLAIMS BASED ON MISREPRESENTATION MUST BE INDEPENDENT OF CLAIMS BASED ON A CONTRACTUAL BREACH

Posted on 28 March, 2020
While misrepresentation-type tort claims (fraudulent inducement, fraudulent misrepresentation, or negligent misrepresentation) sometimes sound like attractive claims, they are oftentimes not appropriate claims, particularly when there is a contract between the parties.  The reason being is the the same damages for the breach of contract and misrepresentation-type tort claims...