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
Category: Insurance Claims
Insurance Limits, Inflation, and Skyrocketing Replacement Costs
Hannah Albion, Richard Morehouse and Jon Pinney | Kohrman Jackson & Krantz Unexpected inflation and increasing replacement costs could combine to present an unpleasant surprise to your expectations for property insurance coverage in a time of need. Many tend to think of real estate properties as stable fixed assets, well-positioned against many risks. However, for improved properties… Continue reading Insurance Limits, Inflation, and Skyrocketing Replacement Costs
Hawaii Appellate Court Finds Agent May Be Liable for Failing to Submit Claim
Tred R. Eyerly | Insurance Law Hawaii After the agent informed the insured there was no coverage and submitting a claim would be a useless effort, the Hawaii Intermediate Court of Appeal reversed the trial court’s dismissal of the insured’s suit against the agent. Pflueger, Inc. v. AIG Holdings, Inc., 2022 Haw. App. LEXIS… Continue reading Hawaii Appellate Court Finds Agent May Be Liable for Failing to Submit Claim
Eleventh Circuit Finds Claims-Made Policy’s “Correlating Claims” Provision Substantially Similar to “Related Claims” Provisions
Roben West | PropertyCasualtyFocus In Datamaxx Applied Technologies Inc. v. Brown & Brown Inc., the Eleventh Circuit Court of Appeals affirmed the district court’s grant of summary judgment to the insurer, finding no merit in the insured’s argument that the analysis for construing a “correlating claims” provision differed substantially from the analysis in construing a “related… Continue reading Eleventh Circuit Finds Claims-Made Policy’s “Correlating Claims” Provision Substantially Similar to “Related Claims” Provisions
Subsequent Purchaser can Assert Claims for Construction Defects
David Adelstein | Florida Construction Legal Updates Can a subsequent purchaser pursue construction defect claims relating to the original construction of the property? This was the threshold issue on a motion for summary judgment by a drywall manufacturer against a subsequent purchaser of a home in Karpel v. Knauf Gips KG, 2022 WL 4366946 (S.D. Fla. 2022). This matter… Continue reading Subsequent Purchaser can Assert Claims for Construction Defects