Garret Murai | California Construction Law Blog | February 4, 2019 As Morrissey of the Smith’s sang: Coyness is nice, but Coyness can stop you, from saying all the things in life you’d like to. It’s not uncommon in litigation to see a complaint asking for “damages according to proof.” Call it laziness. Call it hiding the ball.… Continue reading Coyness is Nice. Just Not When Seeking a Default Judgment
Tag: Advise & Consult
4th Annual Midwest Construction Defect & Dispute Conference Agenda Announced
Jeff Childs | Construction Defect & Dispute Conference | January 31, 2019 The 4th Annual Midwest Construction Defect & Dispute Conference will be one that should intrigue legal and insurance professionals across the country. Set in the center of our nation in Chicago, IL and will be held at the highly recognized Loyola University Chicago.… Continue reading 4th Annual Midwest Construction Defect & Dispute Conference Agenda Announced
Court Addresses Damages Under Homeowners Insurance Policy
David R. Cook, Jr. | Autry, Hall & Cook, LLP | December 29, 2018 During a storm, a tree landed on a homeowners house causing damage to the home’s foundation. Homeowners filed a claim on their homeowners insurance policy to recover the resulting damages. After homeowners and insurance company could not come to an agreement… Continue reading Court Addresses Damages Under Homeowners Insurance Policy
Eighth Circuit Affirms Judgment for Bad Faith after Insured’s Home Destroyed by Fire
Tred R. Eyerly | Insurance Law Hawaii | December 19, 2018 The Eighth Circuit affirmed the district court’s judgment that the insurer acted in bad faith when it denied the insured’s claim based upon misrepresentations in the application after destruction of his house by fire. Hayes v. Metropolitan Pro. and Cas. Ins. Co., 2018… Continue reading Eighth Circuit Affirms Judgment for Bad Faith after Insured’s Home Destroyed by Fire
Inability to Confirm Coverage Supports Setting Aside Insured’s Default Judgment on Grounds of Extrinsic Mistake
Christopher Kendrick and Valerie A. Moore | Haight Brown & Bonesteel | December 17, 2018 In Mechling v. Asbestos Defendants (No. A150132, filed 12/11/18), a California appeals court affirmed the trial court’s grant of an insurer’s motion to set aside default judgments entered against its defunct insured pursuant to the trial court’s inherent, equitable power to set… Continue reading Inability to Confirm Coverage Supports Setting Aside Insured’s Default Judgment on Grounds of Extrinsic Mistake