Gerard M. Donovan | Reed Smith A few weeks ago, Washington’s governor signed its right to repair bill into law. Texas’s right to repair bill has passed its house and senate and was sent to its governor on Monday. This continues a trend of states advancing, and several enacting, laws directed to the common goal of enabling a so-called… Continue reading With Bills Recently Passed in Washington and Texas, the “Right to Repair” State Law Thicket Continues to Grow
Tag: Texas
Out of Sight, Out of Mind: Texas Court Finds Construction Defect Claims Were Inherently Undiscoverable, Tolls Statute of Limitations
Gus Sara | White and Williams In Morningside Ministries v. Koontz McCombs Construction, Ltd., No. 08:23-00332-cv, 2025 Tex. App. Lexis 3584 (Morningside), the Court of Appeals of Texas (Court of Appeals) considered whether the plaintiff’s construction defect claims were “inherently undiscoverable,” thereby tolling the applicable limitations period under the discovery rule. The lower court granted the… Continue reading Out of Sight, Out of Mind: Texas Court Finds Construction Defect Claims Were Inherently Undiscoverable, Tolls Statute of Limitations
Xcel Says Its Equipment Likely Involved in Huge Texas Blaze
Mark Chediak | Claims Journal Xcel Energy Inc. acknowledged that its equipment was likely involved in igniting the worst wildfire in Texas history. But the utility company refuted allegations it had acted negligently. “Based on currently available information, Xcel Energy acknowledges that its facilities appear to have been involved in an ignition of the Smokehouse… Continue reading Xcel Says Its Equipment Likely Involved in Huge Texas Blaze
Southern District of Texas Holds that Appraisal Award is Inconclusive of Whether a Loss is Covered
Joshua Tumen | Property Insurance Law Observer The Southern District of Texas recently held that an appraisal award did not establish liability for a covered loss under the policy. In Hoff v. Meridian Sec. Ins. Co., 2023 WL 5192013 (S.D. Tex. Aug. 11, 2023), Meridian Security Insurance (“Meridian”) insured Flemming Hoff (“Hoff”). After filing suit, Hoff… Continue reading Southern District of Texas Holds that Appraisal Award is Inconclusive of Whether a Loss is Covered
Too Costly to Be Fair: Texas Appellate Court Finds the Arbitration Clause in a Residential Construction Contract Unenforceable
Gus Sara | The Subrogation Strategist In Cont’l Homes of Tex., L.P. v. Perez, No. 04-21-00396-CV, 2022 Tex. App. LEXIS 7691, the Court of Appeals of Texas (Appellate Court) considered whether the lower court erred in refusing to enforce an arbitration clause in a construction contract between the parties. The Appellate Court considered the costs of… Continue reading Too Costly to Be Fair: Texas Appellate Court Finds the Arbitration Clause in a Residential Construction Contract Unenforceable