Jonathan Bukowski | Property Insurance Coverage Law Blog | October 4, 2017 With its 2008 enactment of Colorado Revised Statute § 10-3-1115 and § 10-3-1116, Colorado has created one of the country’s strongest statutory bad faith causes of action. What makes Colorado’s bad faith statute even more exceptional is that it allows a repair vendor, such as a… Continue reading Colorado Allows Contractors to Bring Statutory Bad Faith Claim as First-Party Claimant
Month: October 2017
Appellate Court Holds That the New Mexico Unfair Practices Act Applies to a “Services” Contract for the Construction of a Home, But Does Not Apply to a “Sales” Contract for the Sale of a Completed Home
Kristopher Berr | Pepper Hamilton LLP | October 5, 2017 Fogelson v. Bozzone, 2017 N.M. App. LEXIS 58 (July 26, 2017) In May of 2008, Wallen Development, LLC (“Wallen”) entered into a written agreement to construct and sell a new home to David and Corinne Fogelson (“Fogelson”). But, after Fogelson paid Wallen in excess of… Continue reading Appellate Court Holds That the New Mexico Unfair Practices Act Applies to a “Services” Contract for the Construction of a Home, But Does Not Apply to a “Sales” Contract for the Sale of a Completed Home
Mediation: Investing in the Solution
Kent Scott | Babcock Scott & Babcock | October 6, 2017 Mediation is an effective alternative dispute resolution method that empowers the parties to resolve their dispute while preserving their resources in terms of time, money and effort. Mediation is a dispute resolution process where the opposing parties meet with a neutral third party to… Continue reading Mediation: Investing in the Solution
MCIOA Amendments Change Construct Defect Claims Process
Daniel B. Greenstein | Bernick Lifson | September 28, 2017 A new law attempts to slow construction defect litigation. You have likely heard about the Minnesota Common Interest Ownership Act (MCIOA) amendmentsfor some time — legislation, H.F. 1538, which was recently signed into law by Governor Dayton. These changes add language to the MCIOA concerning… Continue reading MCIOA Amendments Change Construct Defect Claims Process
Insurer’s Declaratory Judgment Action After Denial May Be Untimely
Christina Phillips | Property Insurance Coverage Law Blog | October 3, 2017 Often, we will receive a telephone call from an insured advising us they have been sued by the insurance company. The insurer has filed a lawsuit seeking a declaration that their denial of the insured’s claim was appropriate. But is it appropriate for… Continue reading Insurer’s Declaratory Judgment Action After Denial May Be Untimely