John Mark Goodman | BuildSmart Another week, another fee-shifting case. This ones involves a 28-unit condo project in the Houston Heights neighborhood of Houston (see 2017 Yale Development, LLC v. Steadfast Funding, LLC, 2023 WL 3184028 (Tex. App. May 2, 2023)). The project failed after the developer defaulted on its loans and several contractors filed liens on the property. Litigation ensued. … Continue reading The American Rule Stands? Appellate Court Remands for Prevailing Party to Segregate Between Recoverable and Non-Recoverable Fees
Category: Property Insurance Claims
An Insurance Company’s Generic Reservation of Right can Lead to a Waiver of a Late Notice Defense
Anthony Crawford | Red Smith For insurance recovery attorneys, one of the more frustrating ways for a policyholder to lose coverage for a property loss is on the basis of late notice. Property insurance policies generally require the policyholder to give the insurance company “prompt notice” of claims and potential claims. Property policies may specify… Continue reading An Insurance Company’s Generic Reservation of Right can Lead to a Waiver of a Late Notice Defense
Claim Preclusion: The Doctrine Everyone Thinks They Know But No One Really Knows What it Means in Practice
Garret Murai | California Construction Law Blog Generally, I think restraint in litigation is a good thing. Don’t go crazy on your claims, don’t go nut-so in your discovery, and don’t present your case at trial in a way that causes the judge and/or jury to raise their eyebrows or shake their heads in disbelief.… Continue reading Claim Preclusion: The Doctrine Everyone Thinks They Know But No One Really Knows What it Means in Practice
Willful or Wanton Conduct Not Enough to Overcome Economic Loss Rule Says Colorado Court
Amandeep S. Kahlon and Carly Miller | BuildSmart In Mid-Century Insurance Co., v. HIVE Construction, Inc., a Colorado court of appeals recently reversed the decision of a lower court that had refused to apply the economic loss rule to a negligence claim alleging wanton or willful misconduct. The appellate court determined that, where the negligence claim… Continue reading Willful or Wanton Conduct Not Enough to Overcome Economic Loss Rule Says Colorado Court
Florida’s “Groundbreaking” Property Insurance Reform Law
Bradley Fischer and Laura Farrant | Lewis Brisbois Bisgaard & Smith On December 16, 2022, Florida Governor Ron DeSantis signed into law Senate Bill 2-A (S.B. 2-A, or the Act). Widely touted as “groundbreaking,” S.B. 2-A reforms many aspects of the claims process, including the timing for paying and adjusting claims, eliminating one-way attorneys’ fee… Continue reading Florida’s “Groundbreaking” Property Insurance Reform Law