Keith A. Meyer and Kya R. Coletta | Reed Smith On January 7, 2025, wildfires raced across Los Angeles, forcing families to evacuate and leave their belongings and heirlooms behind. Many insureds promptly filed claims under their homeowners’ insurance. Some policyholders have already been paid their policy limits. Others continue to fight over sub-limits and… Continue reading Pause, Pay, or Proceed: Statute of Limitations and Filing Suit After the LA Wildfires
Category: Insurance Claims
Claims Resolution Procedures in Construction Contracts
Joanne Clarke and Victoria Tyson | Global Arbitration Review Introduction Claims in construction projects are normal and to be expected, but the success of a project may be measured by, among other things, how claims have been administered and whether the parties have managed to avoid claims becoming disputes. Claims may arise under the contract… Continue reading Claims Resolution Procedures in Construction Contracts
Florida Construction Defect Damages: Sabga, Vuletic, and the Date of Breach
Brandon José | Lowndes Two recent Florida appellate decisions, Bandklayder Development, LLC v. Sabga, and Vuletic Group, LLC v. Malkin, have clarified and reinforced a critical principle in Florida construction law: damages for construction defect claims must be measured as of the date of breach, not the date of the expert report or the date of trial.… Continue reading Florida Construction Defect Damages: Sabga, Vuletic, and the Date of Breach
Understanding Appeal Bond Exposure: Key Considerations for Claims Professionals
Griffin Terry Sumner | Frost Brown Todd It’s a $20 million excess judgment. Your insured needs an appeal bond, but your liability insurance policy only covers $5 million. Are you liable for the full $20 million supersedeas bond amount or just your pro-rata share? In some jurisdictions, you could be on the hook for the… Continue reading Understanding Appeal Bond Exposure: Key Considerations for Claims Professionals
Out of Sight, Out of Mind: Texas Court Finds Construction Defect Claims Were Inherently Undiscoverable, Tolls Statute of Limitations
Gus Sara | White and Williams In Morningside Ministries v. Koontz McCombs Construction, Ltd., No. 08:23-00332-cv, 2025 Tex. App. Lexis 3584 (Morningside), the Court of Appeals of Texas (Court of Appeals) considered whether the plaintiff’s construction defect claims were “inherently undiscoverable,” thereby tolling the applicable limitations period under the discovery rule. The lower court granted the… Continue reading Out of Sight, Out of Mind: Texas Court Finds Construction Defect Claims Were Inherently Undiscoverable, Tolls Statute of Limitations