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Burden of Proof › Homeowners

Marshall Dennehey

Addition of a Definition for the Term “Ttructural Damage” to Section 627.706(2) Does Not Alter an Insured’s Burden of Proof

Marshall Dennehey on

Citizens Prop. Ins. Corp. v. Barberan, Fla. 2nd DCA, 2D22-2744, Apr. 3, 2024 - In April, the Second District Court of Appeal affirmed the lower court’s ruling that a statutory change, which added a definition for the term...more

Jaburg Wilk

A Listing Agent's Right to Get Paid

Jaburg Wilk on

One of the great things about being a real estate agent is that when a transaction closes, the agent gets paid his or her commission regardless of how much time and effort expended by the agent in connection with the...more

Dickinson Wright

Michigan Consumer Protection Act Claims Do Not Require Proof of Intent to Deceive

Dickinson Wright on

Because the Michigan Consumer Protection Act (MCPA) was derivative of common law fraud, many have argued that all claims brought under the MCPA require a plaintiff to prove fraud-like elements in order to create liability...more

Haight Brown & Bonesteel LLP

Labor Code § 2708 Presumption of Employer Negligence is Not Applicable Against Homeowners Who Hired Unlicensed Painting Company

Haight Brown & Bonesteel LLP on

In Vebr v. Culp (Filed 10/28/2015, No. G050730), the Fourth District Court of Appeal affirmed a trial court’s grant of summary judgment in favor of homeowners, where an employee of an unlicensed painting company was injured...more

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