Jonathan Small focuses his practice on complex litigation in federal and state courts. He has defended class actions in a variety of substantive areas; represented insurers in coverage, unfair claims settlement practices, and bad faith litigation; defended law firms in professional liability cases; and represented developers in litigation concerning real estate transactions and land use disputes.
The Massachusetts reference process is a creature of statute designed to provide an expeditious method to resolve disputes over the amount of loss covered by a property insurance policy. While a reference panel cannot decide coverage issues, its calculation of the amount of loss is “conclusive and final” under the governing statute, and courts have … Continue Reading
Many commercial and residential property insurance claims arising from major hurricanes like Hurricane Harvey present damage caused by multiple causes of loss, some of which may be covered (e.g., wind) and some of which may not (e.g., flood). One of the recurrent legal issues in these multiple causes of loss claims is the treatment of … Continue Reading
The Eleventh Circuit Court of Appeals recently explained that under Florida law a policyholder who fails to provide prompt notice of a claim faces an uphill battle defeating the resulting rebuttable presumption of prejudice to the insurer. The court also affirmed an award of attorneys’ fees to the insurer under Florida’s offer of judgment statute. … Continue Reading