Lian Skaf | The Subrogation Strategist In construction or similar ongoing projects, problems often pop up. Sometimes they can pop up again and again. Making things even more complicated, one problem may affect another, seemingly new problem. When these construction problems result in property damage, timelines tend to overlap and determining when a statute of… Continue reading Hold on Just One Second: Texas Clarifies Starting Point for Negligence Statute of Limitations
Tag: Texas
Texas Supreme Court Cements Exception to “Eight-Corners” Rule Through Two Recent Rulings
Jeremy Macklin | Traub Lieberman The Texas “eight corners” rule precludes insurers from disclaiming a defense obligation based on facts not alleged in the underlying pleadings. Texas federal and appellate courts have been issuing rulings addressing exceptions to the eight corners rule and recently sought guidance from the Texas Supreme Court on whether Texas law recognizes… Continue reading Texas Supreme Court Cements Exception to “Eight-Corners” Rule Through Two Recent Rulings
Texas Legislation Filed to Relieve Contractors of Liability Resulting From Design Defects
Brian Comarda andAllison K. Wells | Gordon Rees Scully Mansukhani Currently, Texas is one of only two states where a contractor may be held liable for defects related to construction designs, plans, or specifications – even if provided by the hiring party (i.e., the owner, owner’s agent or design professional). However, new legislation in Texas (SB… Continue reading Texas Legislation Filed to Relieve Contractors of Liability Resulting From Design Defects
Obscure But Important Surety and Guarantee Rules
Joe Virene | Gray Reed & McGraw Texas surety law contains obscure procedural rules that can have outsized consequences. Chapter 43 of the Civil Practice and Remedies Code is an important example. Applicability This chapter applies to everything that is a “surety” as defined by the statute. The statute’s definition includes “an endorser, a guarantor,… Continue reading Obscure But Important Surety and Guarantee Rules
Texas Appraisal Allows Determination of Causation and Upholds Zero Award
Chip Merlin | Property Insurance Coverage Law Blog Texas has a lot of insurance claims decided by appraisal. Maybe the appraiser for one insured should have gone to Steve Patrick’s appraisal class because the umpire and insurer’s appraiser came to a zero award, which was upheld on appeal. The court quoted from,1 stated the following as… Continue reading Texas Appraisal Allows Determination of Causation and Upholds Zero Award