Matthew Scarborough

We have defended general contractors, subcontractors, architects, engineers, and other professionals involved in the construction process. We’ve also been involved in state and federal courts on construction defect cases.

What Type Of Evidence And Witnesses Are Used In Construction-Related Lawsuits?

There are many different types of experts that can be utilized in construction cases, including different types of engineers. We’ve seen a great influx in mold cases, so you might even need medical doctors to determine whether or not there is a mold infestation.

What Are Common Reasons That People Are Sued For Bad Faith Coverage?

One reason people are sued for bad faith coverage is failing to tender the policy limits within a reasonable timeframe. In Florida, that has been as short as ten days after an accident, if the insurance company has the reserves. Another reason is failing to comply with demands. That may mean failing to get an affidavit or to tell your insured that they have to fill out an affidavit to go with their insurance coverage, or failing to tell them they have the right to fill out a financial affidavit showing they don’t have any assets.

A lot of plaintiff’s attorneys are now requesting an examination, under oath, of an insurance company’s insured. Some companies feel like that’s not a responsibility that they have to carry through with, and they fail to notify the insurer. This is an automatic way to get set up for bad faith exposure in the state of Florida. Finally, if there’s a judgment in excess of the policy limits on a case, it can result in some bad faith exposure.

What Strategies Does Your Firm Use To Defend Against Bad Faith Coverage Lawsuits?

The biggest tool we have in our arsenal right now is a global settlement conference. Early on in a case, when there are multiple claimants involved, we get involved right away to defend the insurers and sit with them for examinations under oath. We could help them to comply with the demands and then schedule the global settlement conference, tendering the policy limits to all of the different individuals who were hurt, immediately. That tender and the conduction of the global settlement conference can result in all the claims going away, which leaves no bad faith.

For more information on Construction Related Lawsuits In Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (813) 253-0097 today.

Scarborough Attorneys At Law

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