Matthew Eandi – Ervin Cohen & Jessup LLP – January 24, 2014
Month: February 2014
Supreme Court Rules that Courts Must Give Controlling Weight to a Forum Selection Clause by Transferring the Action to the Selected Forum in all but the Most Exceptional Circumstances
David Zaslowsky and Grant Hanessian – January 28, 2014 Atlantic Marine Construction Co., Inc. v. United States District Court for the Western District of Texas, 134 S. Ct. 568 (2013) [click for opinion] Atlantic Marine Construction entered into an agreement with J-Crew Management for a construction project in Texas. The agreement included a forum-selection clause which… Continue reading Supreme Court Rules that Courts Must Give Controlling Weight to a Forum Selection Clause by Transferring the Action to the Selected Forum in all but the Most Exceptional Circumstances
Ewings are Making a Name for Themselves in Texas, Again
David L. Beck – January 23, 2014 The recent decision by the Texas Supreme Court in Ewing Constr. Co., Inc. v. Amerisure Ins. Co., No. 12-0661, 2014 WL 185035 (Tex. Jan. 17, 2014), has insureds in Texas and throughout the country breathing a sigh of relief. The decision confirms the limited scope of the Texas… Continue reading Ewings are Making a Name for Themselves in Texas, Again
Carriers Limiting Hail Coverage Across the Country – Your Cosmetic Hail Damage May Still be Covered
Larry Bache – January 23, 2014 Historically, homeowners and commercial insurance policies provide coverage for any and all direct physical loss or damage caused by the peril of hail and its ensuing damage. Carriers are trying to limit this exposure by raising the standard under policies from a direct physical damage standard to a functionality… Continue reading Carriers Limiting Hail Coverage Across the Country – Your Cosmetic Hail Damage May Still be Covered
Texas Supreme Court Rules CGL Policy’s “Contractual Liability” Exclusion Does Not Bar Coverage for Claims Arising From Construction Defects
David Baay, Kent Collier, Lee Davis, Jennifer Fletcher, Juan Garcia and Daniel Johnson – Sutherland Asbill & Brennan, LLP – January 22, 2014