Kyle Sturm | The Policyholder Report | October 12, 2016 One of the most misunderstood provisions in a Commercial General Liability policy is the first sentence, which provides that the insurance company promises to provide coverage for damages “because of” bodily injury or property damage. Many people, including seasoned insurance professionals, believe CGL policies merely… Continue reading Court Finds Plaintiff’s Attorney Fees Covered by Liability Policy
Tag: Attorneys Fees
Attorneys’ Fees Incurred and Awarded as a Result of a Property Damage Claim Are Covered Under HOA’s CGL Policy
Kevin Pollack | Property Insurance Coverage Law Blog | September 5, 2016 If an HOA is sued pertaining to a dispute over property damage, and the opposing party prevails and obtains an award of attorney fees, does the HOA’s liability insurance policy cover the attorney fee award? According to a recent district court decision in… Continue reading Attorneys’ Fees Incurred and Awarded as a Result of a Property Damage Claim Are Covered Under HOA’s CGL Policy
Homeowners Who Purchase Directly from Homebuilders May Seek Recovery of Attorneys’ Fees on Claims for Breach of the Implied Warranty of Workmanship and Habitability
Todd A. Baxter | Dickinson Wright Three things have long been settled law in Arizona regarding residential construction: (1) a homebuilder owes a homeowner an implied warranty of workmanship and habitability with regard to the construction of the home; (2) the implied warranty arises, not from the contract for construction, but from the actual construction… Continue reading Homeowners Who Purchase Directly from Homebuilders May Seek Recovery of Attorneys’ Fees on Claims for Breach of the Implied Warranty of Workmanship and Habitability
Arbitrators’ Award of Attorney’s Fees Thrown Out Because the Parties’ Agreement Did Not Provide for It
Andrew G. Wailgum and Sara P. Bryant | Murtha Cullina LLP | January 27, 2016 The Massachusetts Supreme Judicial Court recently voided an arbitration panel’s award of attorney’s fees because the terms of the parties’ arbitration agreement did not specifically provide that the prevailing party could be awarded fees. Beacon Towers Condo. Trust v. Alex, 473… Continue reading Arbitrators’ Award of Attorney’s Fees Thrown Out Because the Parties’ Agreement Did Not Provide for It
Why Attorney Fees Provisions Must Be in Your Contracts
Christopher G. Hill | Construction Law Musings | January 22, 2015 This past July, the Roanoke Circuit Court reminded us all of the need to put attorney fees provisions in construction contracts. In the case of Shen Valley Masonry, Inc. v. Thor, Inc., et al., the Court, among other rulings, allowed the defendant to collect its… Continue reading Why Attorney Fees Provisions Must Be in Your Contracts