Patrick McGinnis | Property Insurance Coverage Law Blog | March 11, 2016 Sometimes personal property is partially damaged and sometimes it is completely destroyed. For reasons not altogether clear, the rule in Texas had been that a claimant could only recover loss-of-use damages when his property was partially damaged (capable of repair). A Texas claimant… Continue reading “It’s Cheaper To Kill A Mare In Texas Than It Is To Cripple Her”: Texas Supreme Court Unifies Loss-Of-Use Damages in Property Damage Cases
Month: March 2016
Think that Liquidated Damages Provision you just agreed to is Unenforceable? Think Again
Patricia L. Seifert and Chelsea Croy Smith | Tucker Ellis | March 14, 2016 In the construction industry, owners and developers often rely upon per diem (“per day”) liquidated damages provisions to ensure that projects are completed on time. These provisions typically require the contractor to pay “x” dollars per day for each day that… Continue reading Think that Liquidated Damages Provision you just agreed to is Unenforceable? Think Again
Making Sure the Property Damage Check is for 100% of the Loss
Nicole Vinson | Property Insurance Coverage Law Blog | March 19, 2016 Researching on a case this week, I came across a favorable ruling for a policyholder where the court ruled that the check from the insurance company should not be 50% of the value, but should be for 100% of the loss.1 Consider the… Continue reading Making Sure the Property Damage Check is for 100% of the Loss
OCIP Liability Insurer Required to Indemnify Florida Contractor for $23M in Property Damage Arising out of Defective Subcontractor Work
Jeffery R. Mullen | Pepper Hamilton LLP | March 14, 2016 Pavarini Construction Co. v. Ace American Insurance Co., 2015 U.S. Dist. LEXIS 151247 (S.D. Fla. Oct. 29, 2015) This action arose out of a construction project to build a 63-story luxury condominium tower located in Miami, Florida (“Project”). Pavarini Construction Co. (“Pavarini”) was the general… Continue reading OCIP Liability Insurer Required to Indemnify Florida Contractor for $23M in Property Damage Arising out of Defective Subcontractor Work
Ties That Bind: A Surety’s Right to Require Arbitration of a Construction Dispute
jeffrey S. Wertman | Berger Singerman LLP | March 9, 2016 Florida law generally favors arbitration as a matter of public policy. Although traditional arbitration administered by the American Arbitration Association (AAA) is not always less expensive or time-consuming than litigation, given its flexibility and the use of a knowledgeable trier of fact, arbitration can… Continue reading Ties That Bind: A Surety’s Right to Require Arbitration of a Construction Dispute