Eric Jesse and Alexander B. Corson | Lowenstein Sandler Listen to the podcast In this episode of “Don’t Take No for An Answer,” Eric Jesse, partner in Lowenstein Sandler’s Insurance Recovery Group, is joined by Alexander B. Corson to discuss bad faith in insurance claims. Highlighting a recent example of a case involving Rockefeller University, Eric and Alex explain how… Continue reading In Bad Faith: Understanding Bad Faith Claims and Policyholder Protection
Tag: Breach of Contract
Insurer’s Motion to Dismiss “Redundant Claims” Denied
Tred R. Eyerly | Insurance Law Hawaii The insurer’s motion to dismiss was more appropriate for an eventual summary judgment motion and was consequently denied. Sivan Lam v. Scottsdale Ins. Co., 2024 U.S. Dist. LEXIS 81262 (M.D. Fla. April 12, 2024). Lam suffered a loss to her home due to Hurricane Ian.… Continue reading Insurer’s Motion to Dismiss “Redundant Claims” Denied
Breach of Contract Exclusion Bars Coverage for Construction Defect Claim
Tred R. Eyerly | Insurance Law Hawaii The court determined the policy’s breach of contract exclusion precluded coverage for a claim against the general contractor insured for construction defects. Mt. Hawley Ins. Co. v. McAtamncy, 2024 U.S. Dist. LEXIS 497 (N. D. Cal. Jan. 2, 2024). McAtamney, a general contractor dong business… Continue reading Breach of Contract Exclusion Bars Coverage for Construction Defect Claim
Oregon Ruling Calls Into Question Quantum Meruit Claims in Construction Cases
Matthew Mues | Davis Wright Tremaine On February 15, 2023, the Oregon Court of Appeals ruled that an excavation subcontractor, plaintiff Kizer Excavating Co., (“Kizer”) could not maintain a quantum meruit claim against a general contractor, defendant Stout Building Contractors, LLC, (“Stout”) for work performed by Kizer beyond that contemplated in Kizer’s proposal, which was incorporated into… Continue reading Oregon Ruling Calls Into Question Quantum Meruit Claims in Construction Cases
For Breach of Contract Claim, There Needs to be a Breach of a Contractual Duty
David Adelstein | Florida Construction Legal Updates Remember this law (and I mean: remember this law!): “An essential element of a claim for breach of contract is the existence of a material breach of a contractual duty.” JD Development I, LLC v. ICS Contractors, LLC, 2022 WL 4587083, *3 (Fla. 2d DCA 2022) (citation and quotation… Continue reading For Breach of Contract Claim, There Needs to be a Breach of a Contractual Duty