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In insurance coverage declaratory relief actions, there are times an insured will argue that the insurance policy coverage is illusory.  Typically, an insured will raise this illusory argument if its insurer is denying coverage based on an exclusion or limitation … Continue reading
Posted: August 18, 2017, 11:02 am
Destructive testing is a routine investigatory procedure in construction defect disputes.   The destructive testing is necessary to determine liability (causation), the extent of damage, and the repair protocol.   Destructive testing is designed to answer numerous questions:  Why did the building … Continue reading
Posted: August 12, 2017, 9:02 pm
When an owner receives a construction lien, an owner should serve the lienor with a Request for Sworn Statement of Account.    The Request for Sworn Statement is authorized by Florida Statute s. 713.16(2) and should be in the following form: … Continue reading
Posted: August 6, 2017, 1:15 pm
The good ole duty to defend. Certainly, a duty that should not be overlooked.   A commercial general liability insurer has two duties to its insured when it comes to third-party claims: 1) the duty to defend its insured and … Continue reading
Posted: July 30, 2017, 12:17 pm
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