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Recent Posts

THE CONTINGENCY FEE MULTIPLIER (FOR INSURANCE COVERAGE DISPUTES)

Posted on 25 August, 2018
The contingency fee multiplier: a potential incentive for taking a case on contingency, such as an insurance coverage dispute, where the insured sues his/her/its insurer on a contingency fee basis.   In a recent...

MEASURE OF DAMAGES IN NEGLIGENT PROCUREMENT OF SURETY BONDS / INSURANCE

Posted on 19 August, 2018
My broker procured the wrong insurance and I am exposed to a loss.  My broker failed to procure proper insurance and I am exposed to a loss.  “Where the parties enter into an agreement to procure insurance and there is a negligent failure...

CGL POLICIES AND THE PROFESSIONAL LIABILITIES EXCLUSION

Posted on 11 August, 2018
Commercial general liability (CGL) policies for contractors traditionally contain a professional liabilities exclusion.  This exclusion is generally added through a specific endorsement to eliminate coverage for professional services. Read the endorsement   The point...

SUBCONTRACT REQUIRING ARBITRATION OUTSIDE OF FLORIDA

Posted on 21 July, 2018
Have you entered into a subcontract that requires you to arbitrate disputes?  If so, does the arbitration provision require you to arbitrate your dispute outside of Florida?  If so, the case of Sachse Construction and Development Corp.  v. Affirmed Drywall, Corp., 43 Fla. L. Weekly D1622e...

INSURANCE FOR LARGE CONSTRUCTION EQUIPMENT SUCH AS A CRANE

Posted on 13 July, 2018
Many, many projects require the use of a crane.  The skyline is oftentimes filled with the sight of  cranes—one after the other.  Most of the time, the cranes are leased from an equipment supplier. What happens if the crane (or any large, leased equipment) gets...