David Furtado – October 22, 2013 On May 10, 2013, Governor Hickenlooper ended the ability of insurers to shorten the statute of limitations through provisions in contracts with their policyholders. The bill Governor Hickenlooper signed made changes to Colorado Revised Statute Section 10-4-110.8, now entitled Homeowner’s insurance–prohibited and required practices–estimates of replacement value–additional living expense… Continue reading Colorado State Legislature and Governor Hickenlooper Stop Insurers from Shortening the Statute of Limitations on Unsuspecting Policyholders
Tag: Breach of Contract
Don’t threaten me!
Karl Oles – June 4, 2013 A 2013 decision from New York reminds us that threats can be costly. In Mometal Structures, Inc. v. T.A. Ahern Contractors Corp., from the Eastern District of New York, Mometal was hired by Ahern as structural steel subcontractor. The project was delayed for reasons that were not Mometal’s fault. Mometal tried to… Continue reading Don’t threaten me!
Limitation on Coverage for Payment of Damages Creates Ambiguity
Tred R. Eyerly – March 20, 2013 Unable to discern the meaning of a provision stating that payment of damages would be made “through a trial but not any appeal”, the court found an ambiguity. Parker v. Am. Family Ins. Co., 2013 U.S. Dist. LEXIS 9085 (D. Ore. Jan. 23, 2013). The homeowners sued the… Continue reading Limitation on Coverage for Payment of Damages Creates Ambiguity
The Calm After the Storm: Florida Supreme Court Issues Anticipated Hurricane Related Bad Faith Opinion
John David Dickenson – September 2012 Florida has a knack for being in the path of hurricanes. When a storm is on the horizon, Floridians busy themselves preparing their homes and commercial properties for impact. After a storm has passed, claims handlers and lawyers, in turn, busy themselves with the work that inevitably follows. Florida… Continue reading The Calm After the Storm: Florida Supreme Court Issues Anticipated Hurricane Related Bad Faith Opinion
A Contractor’s Implied Non-Delegable Duty
Lochlin B. Samples – April 6, 2012 A recent Tennessee Supreme Court case, Federal Insurance Co. v. Winters, 354 S.W. 3d 287 (Tenn. 2011), addressing two previously unresolved issues in Tennessee, concluded that a contractor has an implied duty to perform work in a careful, skillful, and workmanlike manner and that, absent the owner’s consent, this duty… Continue reading A Contractor’s Implied Non-Delegable Duty