Court Reaffirms Damages Analysis in Construction Defect Cases

Thomas P. Wert | Roetzel & Andress | February 22, 2016 On February 5, 2015, the Court of Appeals, Second District, reaffirmed the means by which courts determine damages for construction defect claims.  Gray v. Mark Hall Homes, Inc., 2016 WL 459436 (Fla. 2nd DCA Feb. 5, 2015).   In 2005, Angela Gray contracted with Mark Hall… Continue reading Court Reaffirms Damages Analysis in Construction Defect Cases

MA Appeals Court Ruling: Contractor Justified not Paying Subcontractor that Refused to Perform Work

Murtha Cullina LLP | October 22, 2015 Summary The general contractor on a public demolition project paid nothing to a subcontractor that had performed the majority of its work but refused to perform work that it claimed was outside of its scope of work. The subcontractor sued the general contractor and after cross-motions for summary… Continue reading MA Appeals Court Ruling: Contractor Justified not Paying Subcontractor that Refused to Perform Work

Litigation does not End the Continuing Duty of Good Faith

Brandee B. Bower | Property Insurance Coverage Law Blog | June 10, 2015 In a recent case in Tennessee, homeowners suffered a fire loss and filed a claim with their insurance company, Anpac.1 The insurance company investigated the loss and found that the homeowners intentionally set the fire and denied coverage. It then filed a declaratory judgment… Continue reading Litigation does not End the Continuing Duty of Good Faith

Bad Faith Claim for Inadequate Investigation Does Not Survive Summary Judgment

Tred Eyerly | Insurance Law Hawaii | May 18, 2015 The insured’s claim for bad faith investigation regarding their hail damage claim did not survive the insurer’s motion for summary judgment. Amarillo Hospitality Tenant, LLC v. Mass. Bay Ins. Co., 2015 U.S. Dist. LEXIS 56228 (N. D. Tex. April 29, 2015). A hailstorm caused damage to… Continue reading Bad Faith Claim for Inadequate Investigation Does Not Survive Summary Judgment

Breach of Contract Lawsuit Filed Against Property Insurer for Allegedly not Covering Hail Damage

Kyle Barnett | Louisiana Record | April 25, 2015 A Marrero homeowner is suing her property insurer for allegedly not providing her with a proper insurance settlement following a hailstorm. Lafonya Broussard filed suit against Centauri Specialty Insurance Company in the 24th Judicial District Court on Feb. 23. Broussard contends she owns a home located at… Continue reading Breach of Contract Lawsuit Filed Against Property Insurer for Allegedly not Covering Hail Damage