Category: Insurance Claims

Elements of a Bad Faith Cause of Action in Tennessee

Shane Smith – June 21, 2014 If you are a daily reader of our blog, you know that we discuss many of the latest developments in first party bad faith actions from jurisdictions across the nation. Today, I will discuss the requirements for asserting a successful claim for breach of the covenant of good faith… Continue reading Elements of a Bad Faith Cause of Action in Tennessee

Superseding the Implied Warranty of Good and Workmanlike Repair in Texas

Jason L. Cagle – June 6, 2014 In a case involving foundation repairs to a residence, the Texas Supreme Court addressed the question of whether the implied warranty for good and workmanlike repair of tangible goods or property can be disclaimed or superseded.  The Court held that the implied warranty cannot be disclaimed, but it… Continue reading Superseding the Implied Warranty of Good and Workmanlike Repair in Texas

NJ Trial Court Dismisses Condo Association’s Defect Claims

Matthew D. Stockwell – June 3, 2014 In late March, a trial court in Bergen County, New Jersey dismissed a condominium association’s construction defect claims against several construction entities for failure to comply with the applicable statute of limitations. This decision’s appellate aftermath will be interesting to follow, because the trial court stripped away some… Continue reading NJ Trial Court Dismisses Condo Association’s Defect Claims