IMPAIRING YOUR INSURER’S SUBROGATION RIGHTS
Liability insurance policies have a provision that allows them to subrogate to the rights of their insured. This provision is commonly referred to as a transfer of rights provision and reads:
If the insured has rights to recover all or part of any...
DON’T IGNORE A NOTICE OF CONTEST OF LIEN
A recent case, Jon M. Hall Company, LLC v. Canoe Creek Investments, LLC, 49 Fla.L.Weekly D812a (Fla. 2d DCA 2024), demonstrates four important things when it comes to liens:
- An owner can shorten the time period to foreclose on the lien, whether against the real property or a lien transfer...
A TERMINATION FOR CONVENIENCE IS NOT A TERMINATION FOR DEFAULT
A termination for convenience is NOT a termination for default. They are NOT the same. They should NOT be treated as the same. I am a huge proponent of termination for convenience provisions because sometimes a party needs to be able to exercise a termination for convenience, but...
YOUR CONSTRUCTION CONTRACT
Your construction contract is an important topic. What’s even more important is YOUR process for reviewing and negotiating construction contracts.
Are you simply acting as a riverboat gambler willing to assume undue risk because you don’t value the investment in understanding what you are signing? If so, it becomes...
PRODUCTS LIABILITY LAW – APPLICATION OF ECONOMIC LOSS RULE
When it comes to product liability law, one important doctrine that will always come up is the economic loss rule. The economic loss rule, oftentimes going by its acronym ELR, lives and breathes in the realm of product liability law.
Does the economic loss rule extend to...
About The Author
David Adelstein
Phone: (954) 361-4720
Email: Dadelstein@gmail.com