Mollie Pawlosky | Dickinson Law | November 1, 2018 In a case of first impression, Walnut Creek Townhome Association v. Depositors Insurance Company, the Iowa Supreme Court has held that insurance appraisers may determine the cause of loss in addition to the amount of damage. Walnut Creek Townhome Association submitted a claim to Depositors Insurance Company… Continue reading Insurance Appraisers May Determine the Cause of Loss
Month: November 2018
Florida Court Expands Statute of Repose for Improvements to Real Property
Madeline Hughes | Baker Donelson | November 1, 2018 The Fourth District Court of Appeals in Florida recently issued a decision in Gindel v. Centex Homes, that increases the amount of time homeowners have to file a lawsuit against homebuilders. The Court relied on basic principles of statutory interpretation to conclude that issuing pre-suit notice is… Continue reading Florida Court Expands Statute of Repose for Improvements to Real Property
Timely Paying Appraisal Award Exempted Insurer from Breach of Contract and Bad Faith Claim
Marle Laur | Property Insurance Coverage Law Blog | November 3, 2018 In the case Biasatti v. GuideOne National Ins. Co., No. 07-17-00044-CV (Tex. Ct.App. Aug. 16, 2018), Steven Biasatti and Paul Gross, d/b/a TopDog Properties, brought suit against its insurance company, GuideOne National Insurance Company for breach of contract. TopDog Properties (“TopDog”) was insured through… Continue reading Timely Paying Appraisal Award Exempted Insurer from Breach of Contract and Bad Faith Claim
Timing is Everything: Defending Subcontractors Against Breach of Construction Contract Claims
Andrew T. Marshall | Butler Weihmuller Katz Craig | October 31, 2018 Transfer of risk and liability are common occurrences in the field of construction. National builders often employ a single licensed general contractor to oversee the totality of its construction projects throughout the state of Florida. While this use of a “qualifier” technically complies… Continue reading Timing is Everything: Defending Subcontractors Against Breach of Construction Contract Claims
Statute of Repose: Is Equipment Installed as Part of Building Renovations Considered a “Product” or “Construction”?
Donald A. Rea | Construction Industry Counselor | November 1, 2018 Resolution of the question is critical to the application of product liability statutes or construction law and their often differing statutes of limitation and repose. It was recently addressed in Puente v. Resources Conservation Co., Int’l, No. 76604-0-I, 2018 WL 5146983 (Wash. App. Oct. 22,… Continue reading Statute of Repose: Is Equipment Installed as Part of Building Renovations Considered a “Product” or “Construction”?