Court Finds No Occurrence for Installation of Defective Flooring and Explains Coverage for Attorney Fee Awards

Christopher Kendrick and Valerie A. Moore | Haight Brown & Bonsteel | December 29, 2016 In Navigators Specialty Ins. Co. v. Moorefield Const. (No.G050759, filed 12/27/16), a California appeals court held that the knowing installation of flooring over a vapor-emitting slab was not an accident or occurrence, entitling the insurer to reimbursement of money paid… Continue reading Court Finds No Occurrence for Installation of Defective Flooring and Explains Coverage for Attorney Fee Awards

In Washington, Late Notice may not Preclude Coverage, but it could Cost you your Fee Claim

Kevin Mapes | The Policyholder Report | August 10, 2016 The Washington Court of Appeals recently issued an unpublished opinion that should serve as a warning to policyholders pursuing coverage in Washington. On its surface, The Port of Longview v. Arrowood Indemnity Co. (Aug. 2, 2016) was a significant win for the insured. The appellate… Continue reading In Washington, Late Notice may not Preclude Coverage, but it could Cost you your Fee Claim

California to Decide Whether Policyholder Attorney Fees Are Included to Calculate Punitive Damages

Kevin Pollack | Property Insurance Coverage Law Blog | May 5, 2016 The California Supreme Court heard oral argument recently on an issue that is important to insurance policyholders forced to sue their insurers for bad faith and punitive damages: Whether an award of attorney fees should be included as compensatory damages for purposes of… Continue reading California to Decide Whether Policyholder Attorney Fees Are Included to Calculate Punitive Damages

Award of Attorneys’ Fees in Construction Dispute Founded Solely on AAA Rules

Kenneth A. Slavens | Husch Blackwell LLP | May 5, 2015 On Tuesday, April 21, 2015, the Missouri Court of Appeals issued its decision in City of Chesterfield v. Frederich Construction Inc., et al. The Court of Appeals confirmed an arbitration award that included the payment of attorneys’ fees despite the lack of contractual provision… Continue reading Award of Attorneys’ Fees in Construction Dispute Founded Solely on AAA Rules

Superstorm Sandy May Help Change New Jersey Court View on Recovery of Attorneys’ Fees

Larry Bache – May 17, 2014 Florida law allows first-party claimants to recover attorneys’ fees in the event litigation is required for an insured to be made whole.1 New Jersey has a similar rule with a dramatic difference. New Jersey Rule 4:42-9(a)(6) provides: (a) Actions in Which Fee Is Allowable. No fee for legal services… Continue reading Superstorm Sandy May Help Change New Jersey Court View on Recovery of Attorneys’ Fees

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