Joseph R. Ciollo | Morrison Mahoney In Kellogg v. Middlesex Assurance Company, the plaintiff was the owner of an historic property that was insured through a restorationist policy issued by the defendant insurer. In 2010, the property was damaged when a four and one-half ton tree fell onto the roof and chimney during a storm. After… Continue reading Superior Court – Property Insurance Appraisal
Month: November 2022
Too Costly to Be Fair: Texas Appellate Court Finds the Arbitration Clause in a Residential Construction Contract Unenforceable
Gus Sara | The Subrogation Strategist In Cont’l Homes of Tex., L.P. v. Perez, No. 04-21-00396-CV, 2022 Tex. App. LEXIS 7691, the Court of Appeals of Texas (Appellate Court) considered whether the lower court erred in refusing to enforce an arbitration clause in a construction contract between the parties. The Appellate Court considered the costs of… Continue reading Too Costly to Be Fair: Texas Appellate Court Finds the Arbitration Clause in a Residential Construction Contract Unenforceable
How To Account For Increases Or Decreases In Property Value Due To The Proposed Project
Bradford B. Kuhn | Nossaman A recent article from Border Report, “Tijuana residents holding out for more money, slowing construction of border crossing,” caught my attention. Not only because we’re advising on the border crossing project on the U.S. side, but also because it raises an interesting valuation issue. According to the article, property owners in… Continue reading How To Account For Increases Or Decreases In Property Value Due To The Proposed Project
Rising Construction Disputes Require Improved Legal Finance
Apoorva Patel | Construction Executive Construction disputes are famously high stakes, and the industry is currently experiencing an uptick in the value and number of disputes resulting from contractual obligations and third-party or force majeure incidents. While this is not entirely surprising given COVID-19’s disruption of global markets and supply chains, the numbers are noteworthy.… Continue reading Rising Construction Disputes Require Improved Legal Finance
Insured’s Failure to Challenge Trial Court’s Application of Exclusion Makes Appeal Futile
Tred R. Eyerly | Insurance Law Hawaii The Texas Court of Appeals affirmed the trial court’s granting of summary judgment to the insurer because the appeal failed to challenge the exclusion under which the insurer found no coverage. Sosa v. Auto Club Indemn. Co., 2022 Tex. App. LEXIS 6520 (Tex. Ct. App. Aug. 30,… Continue reading Insured’s Failure to Challenge Trial Court’s Application of Exclusion Makes Appeal Futile