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Property insurance policies routinely contain an appraisal provision.   The provision may read something to the effect:       If you and we fail to agree on the amount of loss, either may request an appraisal of the loss. However, both … Continue reading
Posted: February 24, 2019, 12:39 pm
Deference will be given to a procuring public agency in a bid protest, particularly when the issue involves whether a bid is non-responsive and constitutes a material deviation from the solicitation.  You do not believe me? Perhaps you will after this holding … Continue reading
Posted: February 16, 2019, 9:10 pm
The duty to defend an insured with respect to a third-party claim is broader than the duty to indemnify the insured for that claim.  The duty to defend is triggered by allegations in the underlying complaint. However, an insurer is only required to indemnify its insured for damages covered … Continue reading
Posted: February 9, 2019, 11:46 pm
Florida went back to the Frye test/standard, instead of the Daubert test utilized in federal court, to determine the admissibility of expert testimony.  The Frye test is more favorable to plaintiffs because it applies when an expert renders an opinion based on new or novel … Continue reading
Posted: February 2, 2019, 12:04 pm
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