November 7, 2013
In what will go down in legal history as one of the clearest and most forthright decisions in recent memory, the Florida Supreme Court has issued an opinion which limits the application of the Economic Loss Doctrine (ELD) to cases …
November 6, 2013
The Seventh Circuit Court of Appeals recently held that a claim for replacement costs under a property insurance policy survives the insured’s sale of the damaged property. In Edgewood Manor Apartment Homes, LLC v. RSUI Indem. Co., 2013 U.S. App. …
October 29, 2013
In July 2013, Florida’s Fourth District Court of Appeal held in Ergas v. Universal Property & Casualty that there is no coverage for tile damage caused by a dropped object. Since then, Florida’s Second and Third Districts have issued similar …
October 8, 2013
An ongoing debate in sinkhole claims and litigation is whether the legislature intended for Florida insurers to provide coverage for sinkhole activity that causes aesthetic damage only. In 2005, the legislature enacted Section 627.706, requiring that insurers provide coverage for …
October 3, 2013
Urban legends and old wives’ tales are everywhere. If you eat within an hour of swimming, you will get cramps. Chocolate causes acne. Carrots improve your vision. You can catch a cold by standing outside in the cold. You can …
October 2, 2013
In one of the more unusual cases interpreting terms of an insurance policy, the Sixth Circuit Court of Appeals has highlighted the importance of policy definitions. In Bennett v. State Farm Mut. Auto Ins. Co., 2013 U.S. App. LEXIS 19494, …
September 30, 2013
This kitchen was seemingly destroyed when a stovetop fire destroyed the cabinets directly around the stove. The customer contacted Furniture Medic and it was able to bring the cabinets back to pre-loss condition, without displacing the customer or tearing out …
September 30, 2013
Coverage for defective construction claims under commercial general liability (CGL) policies remains an important and frequently contested issue, and the last year has seen significant developments on the issue. Courts have taken varying approaches to the question and applied different …
September 30, 2013
The Great Recession of 2007-2009 was the most serious and long-lasting economic contraction since the Great Depression. The recession and its modest recovery had a considerable influence on workers’ compensation claim frequency, according to a new study by the National …
September 30, 2013
Recent research by a Texas Tech University psychologist suggests that an object’s size affects distance perception, which could explain the basis of car drivers miscalculating motorcyclists’ distance and speed. The regularity of this problem isn’t necessarily a case of poor …