Stan Martin | Commonsense Construction Law LLC | February 3, 2016 Consider this sentence: “courts cannot decide cases of contract interpretation on the basis of what is just or equitable.” Contractors are reminded, via an Ohio Court of Appeals decision, that claim deadlines and waiver language will be applied when the contractor is late in… Continue reading Failure to Follow Claims Procedure was an Irrevocable Waiver of the Claim
Category: Insurance Claims
Contractor Stumbles over Contract’s Claim Procedures
Robert J. Huber | Stinson Leonard Street LLP | January 19, 2016 Contractors have once again been reminded of the harsh consequences of failing to follow the claim procedures specified in their contracts. In Contractors Edge, Inc. v. City of Mankato, the Minnesota Court of Appeals rejected a contractor’s claim for extra compensation because, despite providing… Continue reading Contractor Stumbles over Contract’s Claim Procedures
Texas Rule Change: Supreme Court Holds Loss of Use Damages Are Recoverable Where Property Total Loss
William Craven and Gregory Hudson | Cozen O’Connor | January 15, 2016 In J & D Towing, LLC v. American Alternative Insurance Corporation, No. 14-0574, 2016 WL 91201 (Tex. Jan. 8, 2016), the Texas Supreme Court considered J & D Towing, LLC’s (“J & D”) claim for loss of use damages under its underinsured motorist… Continue reading Texas Rule Change: Supreme Court Holds Loss of Use Damages Are Recoverable Where Property Total Loss
California Examinations Under Oath: Protecting the Insured through a Reasonable Examination Under Oath
Denise Sze | Property Insurance Coverage Law Blog | December 30, 2015 Over a course of the last few years I’ve written about California Insurance Code 2071.1 and an insured’s rights, which includes the right to review their claim file before an examination under oath (EUO) is conducted. As the year draws to a close… Continue reading California Examinations Under Oath: Protecting the Insured through a Reasonable Examination Under Oath
Lawyer Sued For Filing Claims on Behalf of Policyholders He Does Not Represent
Chip Merlin | Property Insurance Coverage Law Blog | January 14, 2016 I suppose if business is really bad for some lawyers, they could just fantasize about representing people and seeking justice. If the pleadings filed by Allstate are true, one Texas lawyer went beyond fantasy and literally filed insurance claims and threatened lawsuits on… Continue reading Lawyer Sued For Filing Claims on Behalf of Policyholders He Does Not Represent