Chip Merlin | Property Insurance Coverage Law Blog | July 23, 2017 Appraisals can result in losing propositions for policyholders. I often teach that policyholders need to make certain that they do their best during appraisal and not expect a bad award to get overturned. Policyholders need very hardworking, honest, and knowledgeable persons selected as… Continue reading Appraisers Agreeing Not To Include Issues of Loss May Render Policyholders with No Later Recovery
Month: July 2017
Washington Federal Court Rejects Policyholder’s “Separate Claim” Argument
Jason Morris | PropertyCasualtyFocus | July 14, 2017 In April, a federal district court in the Western District of Washington issued a decision in National Union Fire Insurance Co. v. Zillow, Inc.While at first blush, it may seem only of interest to those who work with media policies, this decision has potential broader application. In short,… Continue reading Washington Federal Court Rejects Policyholder’s “Separate Claim” Argument
Court Finds That Split in Underground Storage Tank is Not a Covered Collapse
Christopher Kendrick and Valerie A. Moore | Haight Brown & Bonesteel LLP | July 5, 2017 In Tustin Field Gas & Food v. Mid-Century Ins. Co. (No. B268850, filed 7/3/17), a California appeals court ruled that a split in an underground storage tank, caused by the tank sitting on a rock for years, was not a covered… Continue reading Court Finds That Split in Underground Storage Tank is Not a Covered Collapse
Construction Claims & Debt Collection
J. Norman Stark | July 17, 2017 Construction debt collection requires selection of the proper court with jurisdiction to hear such cases. Municipal courts have jurisdiction within a determined city or municipality, with limitations on the amount claimed by any party, which does not exceed $15,000.00. Limitations may vary by each jurisdiction. Once a complaint… Continue reading Construction Claims & Debt Collection
Limitations on Contract Damages: The ‘Betterment’ Argument
Benjamin M. Petre | Faegre Baker Daniels | July 12, 2017 A fundamental purpose of contract damages is to place a non-breaching party in the same position that it would have been in had its contract not been breached. Accordingly, remediation “enhancements” that give the non-breaching party more than was intended in the original scope… Continue reading Limitations on Contract Damages: The ‘Betterment’ Argument