Author Archives: David Adelstein

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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Repeated Seepage of Water Over Period of 14 Days or More

There is an exclusion in property insurance policies dealing with the repeated seepage or leakage of water over a period of 14 days or more.   For example, if a pipe bursts and there is a repeated seepage of water … Continue reading

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An Insured should be Cautious when Receiving an Insurer’s Proposal for Settlement

As an insured, when you are suing an insurance carrier you are moving for attorney’s fees to the extent you prevail in the coverage lawsuit.  For an insurer to counteract your right to fees, the insurer may serve a proposal … Continue reading

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If You are a Contractor that Subcontracts Work, You WANT the Subcontractor Exception to the “Your Work” Exclusion

As a contractor you need to appreciate the “your work” exclusion in your CGL policy.  It is an exclusion that will absolutely come into play if there is a latent construction defect claim asserted against you.  You also need to … Continue reading

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Presentation on BAD FAITH when Dealing with Property Insurance Claims

Recently, I participated in a webinar relating to bad faith insurance claims when dealing with a first-party property insurance carrier.  A portion of the powerpoint presentation I put on can be seen here.  Please visit the link and review the … Continue reading

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Insured should Consider Proposal for Settlement / Offer of Judgment from Insurer

When an insured sues its insurer, the insured seeks its attorney’s fees pursuant to Florida Statute s. 627.428(1).  The statute provides for one-way attorney’s fees in favor of an insured if it obtains a judgment in its favor against its … Continue reading

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Insurer’s Denial of Coverage Means it Cannot Require You to Comply with Post-Loss Policy Conditions

When it comes to first-party property insurance policies, you want to make sure you comply with post-loss policy conditions in your insurance policy.  This includes agreeing to sit for an examination under oath, providing a sworn statement in proof of … Continue reading

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An Insured’s Noncompliance with Conditions Precedent Must be Pled Specifically

In an earlier posting I discussed the application of exclusionary language in an automobile liability insurance policy that contained an “other insurance” clause.  In yet another example dealing with an automobile liability insurance policy dealing with uninsured motorist coverage, the … Continue reading

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