Shaun Marker – Property Insurance Coverage Law Blog – September 22, 2014 Recently the Fourth District Court of Appeal (“4th DCA”) abated a bad faith case brought against Safeco. The underlying issue of coverage was also involved in the lawsuit. We have often discussed how Florida law requires a determination of liability and extent of… Continue reading Bad Faith Case Against Safeco Abated, Not Dismissed, in Florida
Texas Supreme Court Recognizes Exceptions to Enforcement of No-Damages-for-Delay Clauses
Texas Supreme Court Reinforces that Subcontractors May be Liable to Property Owners
Kat Statman and Eddie De Los Santos – The Dispute Resolver – September 16, 2014 On August 22, 2014, the Texas Supreme Court ruled that both the trial court and the court of appeals improperly dismissed a property owner’s claim for negligence against a subcontractor for improper plumbing installation in Chapman Custom Homes, Inc. v.… Continue reading Texas Supreme Court Reinforces that Subcontractors May be Liable to Property Owners
Under Florida Law, a “Sudden” Event Can Occur Over Time
Larry Bache – Property Insurance Coverage Law Blog – September 18, 2014 If you are a frequent reader of this blog, you are likely familiar with the general rule that policy language determined to be ambiguous is read in favor of the insured because the insured is the nondrafting party. A contract is ambiguous when its… Continue reading Under Florida Law, a “Sudden” Event Can Occur Over Time
Liens With Intentionally Incorrect Information May Still Be Enforceable
Adam L. Gill and Jeffrey L. Hamera – Duane Morris – September 8, 2014 Generally, lien waivers that contain fraudulent information are not enforceable. However, not all intentionally misleading statements are fraudulent. The crux of the issue is whether a lien waiver simply states that the subcontractor has been paid a specific amount or whether… Continue reading Liens With Intentionally Incorrect Information May Still Be Enforceable