Kat Statman and Eddie De Los Santos – The Dispute Resolver – September 16, 2014 On August 22, 2014, the Texas Supreme Court ruled that both the trial court and the court of appeals improperly dismissed a property owner’s claim for negligence against a subcontractor for improper plumbing installation in Chapman Custom Homes, Inc. v.… Continue reading Texas Supreme Court Reinforces that Subcontractors May be Liable to Property Owners
Larry Bache – Property Insurance Coverage Law Blog – September 18, 2014 If you are a frequent reader of this blog, you are likely familiar with the general rule that policy language determined to be ambiguous is read in favor of the insured because the insured is the nondrafting party. A contract is ambiguous when its… Continue reading Under Florida Law, a “Sudden” Event Can Occur Over Time
Adam L. Gill and Jeffrey L. Hamera – Duane Morris – September 8, 2014 Generally, lien waivers that contain fraudulent information are not enforceable. However, not all intentionally misleading statements are fraudulent. The crux of the issue is whether a lien waiver simply states that the subcontractor has been paid a specific amount or whether… Continue reading Liens With Intentionally Incorrect Information May Still Be Enforceable
Michael R. Kelley – September 2014 If you or your clients have ever had the experience of submitting a claim to an insurance company, you probably know how difficult it can be to get the insurance company to pay the full amount of damages. Even if the company agrees that a loss is covered, insurers… Continue reading Is That Covered?