Ashley Harris | Property Insurance Coverage Law Blog | December 16, 2018 In Kingshill Hospitality, Inc. v. American Economy Insurance Company,1 the policyholder’s hotel was damaged by a fire. Three days later the policyholder hired a public adjuster to assist in submitting its insurance claim. A dispute arose regarding the amount of loss and the policyholder filed… Continue reading Court Denies Recovery of Public Adjuster Fees in Breach of Contract Action
Tag: Breach of Contract
Bad Faith May Arise Out Of Wrongful Misrepresentation in Application Denial
Chip Merlin | Property Insurance Coverage Law Blog | November 28, 2018 Suspicion runs rampant with some insurance companies when it comes to alleged arson. Even if they cannot prove the policyholder had anything to do with a fire, some adjusters cannot help to look for other ways to deny an insurance claim. In Hayes vs.… Continue reading Bad Faith May Arise Out Of Wrongful Misrepresentation in Application Denial
Timely Paying Appraisal Award Exempted Insurer from Breach of Contract and Bad Faith Claim
Marle Laur | Property Insurance Coverage Law Blog | November 3, 2018 In the case Biasatti v. GuideOne National Ins. Co., No. 07-17-00044-CV (Tex. Ct.App. Aug. 16, 2018), Steven Biasatti and Paul Gross, d/b/a TopDog Properties, brought suit against its insurance company, GuideOne National Insurance Company for breach of contract. TopDog Properties (“TopDog”) was insured through… Continue reading Timely Paying Appraisal Award Exempted Insurer from Breach of Contract and Bad Faith Claim
Timing is Everything: Defending Subcontractors Against Breach of Construction Contract Claims
Andrew T. Marshall | Butler Weihmuller Katz Craig | October 31, 2018 Transfer of risk and liability are common occurrences in the field of construction. National builders often employ a single licensed general contractor to oversee the totality of its construction projects throughout the state of Florida. While this use of a “qualifier” technically complies… Continue reading Timing is Everything: Defending Subcontractors Against Breach of Construction Contract Claims
General Contractor’s Unjustified Threats to Assess Delay Damages Against Subcontractor are a Material Breach of Contract
Luke Nicholas Eaton | Pepper Hamilton LLP | October 11, 2018 Randy Kinder Excavating, Inc. v. JA Manning Constr. Co. 2018 U.S. App. LEXIS 21878 (8th Cir. Aug. 7, 2018) This dispute arose from a contract to build a pumping station in Arkansas (the “Project”). In June of 2010, the U.S. Army Corps of Engineers… Continue reading General Contractor’s Unjustified Threats to Assess Delay Damages Against Subcontractor are a Material Breach of Contract