Christina Phillips | Property Insurance Coverage Law Blog | July 24, 2016 The appraisal process is to provide a plain, speedy, inexpensive and just determination to an insurance dispute. However, as many first party property lawyers and homeowners have experienced, appraisal is not necessarily speedy, inexpensive or just. In fact, many times the insurer will… Continue reading Impossibility of Performance Does Not Excuse an Insurer from Appraisal
Joshua Haffner | Haffner Law | June 20, 2016 During an insurance claim, insureds are sometimes given incorrect information by the insurance company and its agents. Among other things, these misstatements may relate to the terms and requirements of the policy, the safety of the premises, or how repairs must be handled. False statements made… Continue reading Under The Right Circumstances, There Are Advantages To Pleading Negligent Misrepresentation Against An Insurer In California
Jonathan M. Preziosi and Stephanie L. Jonaitis | Pepper Hamilton LLP | July 6, 2016 Consider this scenario taken from an actual project dispute: The contractor has entered into an agreement with the owner for a project of any size. During the course of the project, the owner directs the contractor to perform additional work… Continue reading The “Lien-Ability” of Field Change Directives Under Typical Construction Lien Laws?
Lionel M. Schooler | Jackson Walker | July 14, 2016 G. T. Leach Builders V. Sapphire V.P.: Non-Signatories’ Right to Compel Arbitration; Waiver of Right to Arbitrate By far, the most recent, significant arbitration development for construction law practitioners was the Texas Supreme Court’s decision in G. T. Leach Builders v. Sapphire V.P., which reiterated… Continue reading Latest Developments in Arbitration for the Construction Law Practitioner
J. Laurens Wilkes, Andrew D. Ness and William R. Taylor | Jones Day | July 15, 2016 On June 17, 2016, the Texas Supreme Court held that a general contractor was not a “seller” under Chapter 82 of the Civil Practice and Remedies Code and, therefore, not entitled to indemnification from the manufacturer of an… Continue reading General Contractor Not a “Seller” Entitled to Indemnity in Product Liability Case