Author Archives: David Adelstein

Do you have Insurance for Construction Equipment Damaged at a Project Site?

Are you a contractor that utilizes large equipment such as a crane for purposes of your construction operations?  If so, is the equipment owned or leased from an equipment supplier?  Assuming you utilize such equipment, have you considered appropriate insurance … Continue reading

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Question of Fact whether Water Loss Occurred During the First 14 Days of Leak

Many property insurance policies have an exclusion regarding loss caused by a repeated leakage of water over a period of 14 days or more.  Think of a leak with a plumbing system and that leak is continuous over a period … Continue reading

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Design Professional’s Contractual Duty to Defend Obligation

Design professionals are oftentimes reluctant to contractually agree to defend their client (e.g., the owner) from claims arising from their negligence.  The reason for this is typically twofold: (1) their professional liability policy does not permit the owner to be … Continue reading

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Don’t Let YOUR Property Insurer Argue Untimely Notice Prejudiced Its Rights

Remember, if you sustain a property loss due to a casualty, notify your property insurer.  Don’t remediate the damage and then after-the-fact notify your insurer.  If you do, the insurer will claim the lack of timely notice prejudiced its rights … Continue reading

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Insured Responsible for Paying Deductible when Insurer Elects Right to Repair

There are property (homeowner) insurance policies that contain right to repair clauses.  These right to repair clauses give the insurer the option to repair the loss with its preferred contractor.  Some insurers even have a captive restoration contractor that serves … Continue reading

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Insurer’s Claim File Not Discoverable in Insurance Coverage Dispute

In an insurance coverage dispute, an insurer’s claim file is not discoverable.  Typically, this is protected as work product and/or not relevant to the issues underlying coverage.  And this is true — the claims file is NOT relevant to the … Continue reading

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Liability Insurer’s Duty to Defend Triggered by Allegations in Complaint

A liability insurer’s duty to defend its insured is triggered by the allegations in the complaint.  You probably already know this from reading a number of other articles on an insurer’s duty to defend.  A recent federal district court opinion … Continue reading

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Expert Opinions in Insurance Coverage Disputes

Insurance coverage disputes may result in expert witnesses.  An expert is used to help determine the cause of the loss or the damages covered under the policy.  But, just because you, an insured, have an expert opinion that says “X” … Continue reading

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Insurer’s Payment AFTER Expiration of 60-Day Cure Period from Civil Remedy Notice can Trigger Bad Faith

In order to assert a first-party bad faith claim against your insurer, you must  file a Civil Remedy Notice identifying the statutory violations.  This gives the insurer 60 days to cure the violations.   What happens if the insurer cures … Continue reading

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Injured Parties Must Comply with Florida’s Nonjoinder Statute

When it comes to filing a claim against another’s liability insurer, injured parties sometimes try to improperly put the proverbial cart before the horse.   You CANNOT sue another’s liability insurer (a policy you are not insured under) until you … Continue reading

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