Tag: Insurance Coverage Litigation

Recovery of Attorney’s Fees in Federal Flood Cases Under the Equal Access to Justice Act?

Shane Smith | Property Insurance Coverage Law Blog | September 2, 2019 A recent Southern District of Florida decision addressed this issue.1 A property in Islamorada, Florida, which was owned by the estate of Raymond K. Hampson, was damaged by Hurricane Irma in September 2017. The personal representative for the estate, Timothy R. Hampson (“Hampson”)… Continue reading Recovery of Attorney’s Fees in Federal Flood Cases Under the Equal Access to Justice Act?

Will Your Next Insurance Coverage Dispute be Heard in Georgia’s Business Court?

Abby Vineyard | Barnes & Thornburg LLP | April 24, 2019 In 2020, Georgia corporate policyholders may have a new court to hear insurance coverage disputes. The Georgia General Assembly passed House Bill 239 on Day 40 of the legislative session, outlining how Georgia’s new statewide business court will operate. The court will have jurisdiction over claims… Continue reading Will Your Next Insurance Coverage Dispute be Heard in Georgia’s Business Court?

Is Equipment Installed As Part Of Building Renovations A “Product” Or “Construction”?

Joshua Lane | Ahlers Cressman & Sleight | March 20, 2019 A statute of repose terminates the right to file a claim after a specified time even if the injury has not yet occurred.[1] The construction statute of repose bars claims arising from construction, design, or engineering of any improvement upon real property that has… Continue reading Is Equipment Installed As Part Of Building Renovations A “Product” Or “Construction”?

Suit Limitation Provision Upheld

Tred R. Eyerly | Insurance Law Hawaii | February 25, 2019     The policy’s one year suit limitation provision was upheld, depriving insureds of benefits under the policy. Oswald v. South Central Mut. Ins. Co., 2018 Minn. App. Unpub. LEXIS 1077 (Dec. 24, 2018).      The Oswalds’ hog barn burned down on June 21,… Continue reading Suit Limitation Provision Upheld

Construction Law Practice Tip: Determining the Scope of a Subrogation Waiver

Pierre Grosdidier | Haynes and Boone LLP | February 27, 2019 In Exxon Mobil Corp. v. Insurance Company of the State of Pennsylvania, the Texas Supreme Court opined once again on the issue of the extent to which an insurance provision incorporates the terms of an extrinsic contract.[1] The insurance provision in this case was a… Continue reading Construction Law Practice Tip: Determining the Scope of a Subrogation Waiver