Stan Martin | Commonsense Construction Law LLC | October 26, 2018 From the Massachusetts Appeals Court comes a reminder that a contract scope of services may serve to control or limit the scope of tort liability. New homeowners sued the contractor and designer, hired by the former homeowner for a replacement septic system, when that… Continue reading Contract Scope Limits Tort Liability
Tag: Advise & Consult
Verdict In Favor Of Insured Homeowner Reversed For Improper Jury Instructions
Tred R. Eyerly | Insurance Law Hawaii | September 24, 2018 The appellate court reversed the jury verdict in favor of the homeowners based upon improper instructions purporting to impose a duty to adjust the claim and how to construe a contract. Citizens Prop. Ins. Corp. v Mendoza, 2018 Fla. App. LEXIS 9497 (Fla. Ct. App. July… Continue reading Verdict In Favor Of Insured Homeowner Reversed For Improper Jury Instructions
Colorado Supreme Court Clarifies Bad Faith Standard
Ashley Harris | Property Insurance Coverage Law Blog | November 7, 2018 A recent Colorado Supreme Court opinion in Schultz v. GEICO Casualty Company, clarifies the standard for bad faith in Colorado. In the opinion, the court discusses both claims for common law bad faith and statutory unreasonable delay or denial of benefits. Most notably, the… Continue reading Colorado Supreme Court Clarifies Bad Faith Standard
Insurance Appraisers May Determine the Cause of Loss
Mollie Pawlosky | Dickinson Law | November 1, 2018 In a case of first impression, Walnut Creek Townhome Association v. Depositors Insurance Company, the Iowa Supreme Court has held that insurance appraisers may determine the cause of loss in addition to the amount of damage. Walnut Creek Townhome Association submitted a claim to Depositors Insurance Company… Continue reading Insurance Appraisers May Determine the Cause of Loss
Florida Court Expands Statute of Repose for Improvements to Real Property
Madeline Hughes | Baker Donelson | November 1, 2018 The Fourth District Court of Appeals in Florida recently issued a decision in Gindel v. Centex Homes, that increases the amount of time homeowners have to file a lawsuit against homebuilders. The Court relied on basic principles of statutory interpretation to conclude that issuing pre-suit notice is… Continue reading Florida Court Expands Statute of Repose for Improvements to Real Property