Timothy Burchard | Property Insurance Coverage Law Blog | July 6, 2019 Recently, the Colorado Supreme Court issued its opinion in Owners Ins. Co. v. Dakota Station II Condominium Association,1 on appraiser impartiality. Specifically, the court discussed the meaning and interpretation of impartiality under the insurance policy and whether a contingent-cap fee agreement between the appraiser and Dakota Station rendered… Continue reading Appraisal and the Impartiality of Appraisers
Month: July 2019
It’s Not What You Thought You Signed That Counts: Chancery Court Rejects Plaintiffs’ Claims For Breach of Contract Plaintiffs Thought They Had Made
Remsen Kinne and Alidad Vakili | K&L Gates | July 1, 2019 In Concerned Citizens of the Estates of Fairway Village, et al, v. Fairway Cap, LLC and Fairway Village Construction Inc., C.A. No. 2017-0924-JRS (Del. Ch. March 6, 2019), homeowners resident in Fairway Village, a residential planned community (“Plaintiffs”) claimed that plans and actions… Continue reading It’s Not What You Thought You Signed That Counts: Chancery Court Rejects Plaintiffs’ Claims For Breach of Contract Plaintiffs Thought They Had Made
Ninth Circuit Reverses Grant of Summary Judgment to Insurer For Fortuitous Loss
Tred R. Eyerly | Insurance Law Hawaii | May 15, 2019 The Ninth Circuit reversed the district court’s issuance of summary judgment regarding coverage for damages when the insured’s plant had to be shut down due to an accident. Ingenco Holdings, LLC v. Ace American Ins. Co., 2019 U.S. App. LEXIS 10946 (9th Cir.… Continue reading Ninth Circuit Reverses Grant of Summary Judgment to Insurer For Fortuitous Loss
Does Payment of an Appraisal Award Wipe Out Claims Handling Insurance Code Violations?
J. Ryan Fowler | Property Insurance Coverage Law Blog | July 5, 2019 The Texas Supreme Court recently answered the question above in two cases with different results depending on what type of insurance code violations the insured is alleging. The court addressed Texas Insurance Code chapter 542 violations (often called prompt payment of claims)… Continue reading Does Payment of an Appraisal Award Wipe Out Claims Handling Insurance Code Violations?
Another Reason to Always Respond (or Hensel Phelps Wins One!)
Christopher G. Hill | Construction Law Musings | June 18, 2019 Here at Construction Law Musings, Hensel Phelps Construction Co. is best known as the company that got whipsawed between indemnity rules and the lack of a statute of limitations for state agencies. However a recent case out of the Federal District Court for the Eastern District… Continue reading Another Reason to Always Respond (or Hensel Phelps Wins One!)