TLSS Insurance Law Blog – September 23, 2014 In its recent decision in State Farm Fire & Casualty Co. v. Dantzler, the Supreme Court of Nebraska had occasion to consider the application of pollution exclusion to an underlying personal injury claim involving an individual’s exposure to lead paint. The case involved coverage under a rental… Continue reading Nebraska Supreme Court Holds Pollution Exclusion Applicable to Lead Paint Claim
Disagreement Over Scope of Damage NOT a Valid Objection to Appraisal Demand in Pennsylvania
Robert Trautmann – Property Insurance Coverage Law Blog – September 24, 2014 We frequently field requests from public adjusters and clients concerning appraisal and scope of damages. The situation arises when appraisal is demanded by the insured and the carrier objects, arguing that appraisal is only for issues of price and cannot be invoked unless there… Continue reading Disagreement Over Scope of Damage NOT a Valid Objection to Appraisal Demand in Pennsylvania
Bad Faith Case Against Safeco Abated, Not Dismissed, in Florida
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