Is That Really Your Product?By: Harry Malka, EsquireYour Construction Law FirmTMIn the recent case of Liberty Mut. Fire Ins. Co. v. MI Windows & Doors, Inc., 2D12-2793, 2013 WL 4734045 (Fla. 2d DCA, September 2013), the Court of Appeals for the Second District of...
Board-Certified In Construction Law By The Florida Bar
Insurance Policies
Overhead and Profit Must Be Included In Replacement Cost Coverage Payout
Overhead and Profit Must Be Included In Replacement Cost Policy PayoutBy: Ian T. Kravitz, EsquireYour Construction Law FirmTMIn Trinidad v. Florida Peninsula Insurance Company, (Florida Supreme Court, SC11-1643, July 3, 2013) the Florida Supreme Court took up the...
Is Your Business Protected Under Ever Changing Laws?
The law regularly changes, but often, business are not keeping up. Long standing practices that have worked for years may seem difficult to change, but failing to do so can be costly. Whether it is required language to be included within your contracts, or...
Is Appraisal Even Mandatory Anymore? Depends on The Policy.
Casualty insurance policies have long contained provisions requiring appraisal as to disputes. All too often, property owners would being suit to force their insurer to pay for a covered loss, only to have the case dismissed or stayed until the property owner complied...
The Clear Terms of The Policy Control. Or Do They?
It is often repeated that the clear and unambiguous terms of an insurance policy govern, but that if any ambiguities exist, they are resolved in the favor of the insured. It is equally axiomatic that statutes are to be given their clear meaning. Based on those well...
Don’s Wait Until All Damages Are Known Before Notifying Your Insurer. It May Be too Late!
As we have written before (read here), providing timely notice of an insurance claim can often be the difference between securing coverage, or facing financial catastrophe. In the case of 1500 Coral Towers Condominium Association, Inc. v. Citizens Property Insurance...
Low Hanging Fruit – Eliminate Low Cost Risks, Especially Where The Benefits Are Great
Whether to put forth effort to reduce or eliminate unnecessary risks may be evaluated on a cost-benefit basis. In the context of insurance, the costs of reducing or eliminating issues that might interfere with your right to coverage are sometimes very low, while...
Is Appraisal Mandatory to Resolve a Policy Dispute?
Is Appraisal Mandatory to Resolve a Policy Dispute?The Devil Is In The DetailsBy: Ian T. Kravitz, EsquireCitizens Property Insurance Corporation ("Citizens") issued a policy of insurance ("the Policy") to the property owners, the Casars (Owners"). Owners filed a claim...
Professional Liability Policies 101
ever wonder what to look for when hiring a design professional? One key step is to verify that the design professional is adequately insured in the event of any potential claims regarding the design professional's work. This primer will help you learn what to look...
Know Your Insurance Policy?
As attorneys representing members of the construction industry, we are constantly emphasizing to our clients the importance of reviewing and understanding their insurance policies. Often times, a client knows that the company is insured, but does not understand what...