Tamara Chen-See | Property Insurance Coverage Law Blog | September 1, 2018 In Florida, the short answer is “no.” Here, as in most states, traditional rules governing breach of contract apply to insurance policies, and in a proper case consequential damages may be awarded.1 Defense lawyers in first party insurance cases always dispute this argument. The… Continue reading Is Recovery for Breach of an Insurance Policy Limited to Only Damages That Would Have Been Covered by the Policy?
Tag: Breach of Contract
Colorado Court Holds No Coverage for Breach of Contract Claim
Insurance Law Blog | February 21, 2018 In its recent decision in Ctr. For Excellence in Higher Ed., Inc. v. Travelers Prop. Cas. Co. of Am., 2018 U.S. Dist. LEXIS 25424 (D. Col. Feb. 16, 2018), the United States District Court for the District of Colorado had occasion to consider whether a breach of contract claim… Continue reading Colorado Court Holds No Coverage for Breach of Contract Claim
Tennessee Federal District Court Holds That Contractor May Pursue Both Breach of Contract Action in Federal Court and Lien Enforcement Action In State Court – Abstention Not Required
Jane Fox Lehman | Pepper Hamilton LLP | August 4, 2016 Summit Contracting Grp., Inc. v. Ashland Heights, LP, 2016 U.S. Dist. LEXIS 60662 (M.D. Tenn. May 6, 2016) Ashland Heights, LP (“Owner”) contracted with Summit Contracting Group, Inc. (“Contractor”) to construct an assisted living facility in Tennessee. After completing the project, Contractor alleged that… Continue reading Tennessee Federal District Court Holds That Contractor May Pursue Both Breach of Contract Action in Federal Court and Lien Enforcement Action In State Court – Abstention Not Required
Despite (or Because of) Extensive Negotiations, No Contract and No Promissory Estoppel
Stephen M. Proctor | Masuda Funai Eifert & Mitchell Ltd. | July 11, 2016 A common scenario involves two parties involved in intense and prolonged negotiations that one party feels resulted in an enforceable contract, but the other party does not. One of the most notorious examples of this scenario was the acquisition of Getty… Continue reading Despite (or Because of) Extensive Negotiations, No Contract and No Promissory Estoppel
You Have to Give the Carrier an Opportunity to do the Right (or Wrong) Thing
Patrick McGinnis | Property Insurance Coverage Law Blog | April 12, 2016 Lawyers practicing in Texas know that the Texas Insurance Code and the DTPA statute have notice provisions, which require the policyholder to provide a sixty-day written notice to the carrier setting out the complaint and the amount of damages. I have previously blogged on these… Continue reading You Have to Give the Carrier an Opportunity to do the Right (or Wrong) Thing