David Adelstein | Florida Construction Legal Updates | June 1, 2019 In a favorable case for insureds, the Fifth District Court of Appeal maintained that “when an insurer breaches an insurance contract, the insured is entitled to recover more than the pecuniary loss involved in the balance of the payments due under the policy in consequential… Continue reading Consequential Damages can be Recovered Against Insurer in Breach of Contract
Tag: Breach of Contract
Insurance Policy’s Promise to Advance Claims Expense for Covered Claims Does Not Create a Duty to Defend
Christopher Kendrick and Valerie Moore | Haight Brown & Bonesteel | May 7, 2019 In United Farm Workers of America v. Hudson Insurance Company, (E.D. Cal.) 2019 WL 1517568, the United Farm Workers of America union (UFW) sued Hudson Insurance Company for breach of contract and bad faith arising out of a former employee’s wrongful termination… Continue reading Insurance Policy’s Promise to Advance Claims Expense for Covered Claims Does Not Create a Duty to Defend
Federal Court Rules Contractor Is Not Intended Third-Party Beneficiary under Owner-Engineer Agreement
Amandeep Kahlon | Buildsmart | April 23, 2019 In March, a Massachusetts federal court addressed whether a design-builder contractor could recover for breach of contract under an intended third-party beneficiary theory against a design firm hired by the project owner to complete 30% designs. In Arco Ingenieros, S.A. DE C.V. v. CDM International Inc., a Salvadoran… Continue reading Federal Court Rules Contractor Is Not Intended Third-Party Beneficiary under Owner-Engineer Agreement
California Case That Reads Like Russian Novel Results in Less Than Satisfying Result for Both Project Owner and Contractors
Garret Murai | California Construction Law Blog | April 3, 2019 Sometimes you can see a train wreck coming a mile away. The next case, Design Built Systems v. Sorokine, Court of Appeal for the First District, Case Nos. A151264 and A152059 (February 26, 2019), is one of those cases. It also happens to read like a… Continue reading California Case That Reads Like Russian Novel Results in Less Than Satisfying Result for Both Project Owner and Contractors
Insured’s Complaint for Breach of Contract and Bad Faith Adequately Pleads Consequential Damages
Tred R. Eyerly | Insurance Law Hawaii | March 4, 2019 The appellate court overturned the trial court’s dismissal of the insured’s complaint seeking consequential damages. D.K. Prop. Inc. v. Nat’l Union Fire Ins. Co. of Pittsburgh v, Pa., 2019 N.Y. App. Div. LEXIS 329 (N.Y. App. Div. Jan. 17, 2019). The… Continue reading Insured’s Complaint for Breach of Contract and Bad Faith Adequately Pleads Consequential Damages