David H. Fisk | Kane Russell Coleman Logan Last year, the First Court of Appeals serving the Houston, Texas area held that the Texas Residential Construction Liability Act (RCLA) “does not permit a plaintiff to recover attorney or expert fees in the absence of an underlying cause of action providing for the recovery of such… Continue reading Residential Construction Defect Case Law Update: Homeowners Not Entitled To Attorney And Expert Fees
Tag: Attorney Fees
Effective October 1, 2019, Florida General Contractors Have a Statutory Right to Recovery of Attorney Fees Against a Defaulted Subcontractor’s Surety
Warren E. Friedman | Peck Law Florida contractors will soon have a level playing field, at least related to the right to recovery of attorney fees in certain circumstances. Effective October 1, 2019, the Florida statute by which legal fees may be recovered from insurers and sureties was amended to expressly afford that right to… Continue reading Effective October 1, 2019, Florida General Contractors Have a Statutory Right to Recovery of Attorney Fees Against a Defaulted Subcontractor’s Surety
Alternative Fee Arrangements When the Insurer Is Footing the Bill
Amanda Hairston | Farella Braun & Martel LLP | July 21, 2017 Clients regularly ask their counsel to propose alternative fee arrangements and they are growing in popularity. While these arrangements can be beneficial for clients, they should be carefully considered when an insurance company will be paying all or part of the defense fees.… Continue reading Alternative Fee Arrangements When the Insurer Is Footing the Bill
Texas Supreme Court Rules on Discoverability of an Insurer’s Attorney’s Fee Bills
Karl A. Schulz | Property Insurance Law Observer | June 13, 2017 Are an insurer’s attorney’s fee bills discoverable in first party claims? In In re Nat’l Lloyds Ins. Co., 2017 Tex. LEXIS 522 (Tex. 2017), the Texas Supreme Court considered this question in a hail MDL dispute and answered “No” in a lengthy opinion. The… Continue reading Texas Supreme Court Rules on Discoverability of an Insurer’s Attorney’s Fee Bills
Not so Fast Insurance Company, that Judgment Against your Insured May in Fact be Covered
Adele Ridenour | The Policyholder Report | May 11, 2017 Yesterday, the Oregon Court of Appeals dealt a hefty blow to insurance companies seeking to exclude coverage for property damage to multi-family dwellings and for awards of attorney fees. In Hunters Ridge Condominium Ass’n v. Sherwood Crossing, LLC, the Oregon Court of Appeals held that… Continue reading Not so Fast Insurance Company, that Judgment Against your Insured May in Fact be Covered