Liability policies commonly contain exclusions precluding coverage when the insured knew or should have known that wrongful acts occurring prior to a policy’s effective date could later result in a claim. In Alps Property &...more
On July 1, 2019, Chapter 558, Florida Statutes, will be amended to add section 558.004(1)(d), which states: “A notice of claim served pursuant to this chapter shall not toll any statute of repose period under chapter 95.” In...more
The General Aviation Revitalization Act of 1994 (“GARA”) was a byproduct of aging aircraft, rising costs, and tort liability in the United States. Congress was concerned that aircraft manufacturers were being devastated by...more
The fraud statute of repose does not bar fraud claims when the jury finds no evidence of the plaintiff’s reliance during the repose period, because it is the defendant’s last action or omission that triggers the fraud repose...more