David H. Fisk | Kane Russell Coleman & Logan PC | September 10, 2015 Before filing a lawsuit or initiating an arbitration proceeding pertaining to a construction defect, a condominium association in Texas with eight or more units must now comply with the newly added Section 82.119 to Chapter 82 of the Texas Property Code.… Continue reading #6 – New Texas Statute Affecting Condominium Construction Defect Claims
Month: January 2016
#7 – Absence of Property Damage During Policy Period Equates to No Coverage
Tred R. Eyerly | Insurance Law Hawaii | March 30, 2015 The Montana Supreme Court determined there was no coverage for the insured due to a lack of property damage during the policy period. Truck Ins. Exchange v. O’Mailia, 2015 Mont. LEXIS 54 (Mont. Feb. 17, 2015). The insured plumbing company, Lolo Plumbing & Heating,… Continue reading #7 – Absence of Property Damage During Policy Period Equates to No Coverage
#8 – Release Records from HOA Fraud Case
Las Vegas Review Journal | December 21, 2015 After a decade of investigating and prosecuting homeowner association fraud and corruption in Las Vegas, the Justice Department has something to hide. Likely lots to hide. Why else would federal attorneys insist on preserving protective orders on evidence in a case long wrapped up and topped with… Continue reading #8 – Release Records from HOA Fraud Case
#9 – Vallagio v. Metropolitan Homes: The Colorado Court of Appeals’ Decision Protecting a Declarant’s Right to Arbitration in Construction Defect Cases
David M. McLain | Higgins, Hopkins, McLain & Roswell, LLC | May 13, 2015 On May 7th, the Colorado Court of Appeals issued its much anticipated ruling in Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc., et al., 2015COA65 (Colo. App. May 7, 2015). By way of background, the Vallagio at Inverness… Continue reading #9 – Vallagio v. Metropolitan Homes: The Colorado Court of Appeals’ Decision Protecting a Declarant’s Right to Arbitration in Construction Defect Cases
#10 – Duty To Defend Construction Defect Case Affirmed, Duty to Indemnify Reversed In Part
Tred R. Eyerly | Insurance Law Hawaii | May 4, 2015 The Eleventh Circuit affirmed the district court’s finding of a duty to defend, but reversed, in part, the insurer’s duty to indemnify. Carithers v. Mid-Continent Cas. Co., 2015 U.S. App. LEXIS 5540 (11th Cir. April 7, 2015). After discovering a number of defects in their… Continue reading #10 – Duty To Defend Construction Defect Case Affirmed, Duty to Indemnify Reversed In Part