Shaun Marker – June 16, 2014 Ahh the joys of litigation and the many issues that parties face. Sometimes in insurance cases (as well as other types of cases) the parties litigate where to litigate the dispute. This may involve the question of in what jurisdiction (in what state or in what federal district) they… Continue reading Litigating Where to Litigate an Insurance Dispute
Tag: Breach of Contract
After Appraisal Award Is Paid: You May Not Get Your Day in Court
Nyanza Moore – May 6, 2014 In MLCSV10 v. Hartford Stream Boiler Inspection and Insurance Company,1 current and former owners of insured commercial property brought state-court actions against insurers to recover cost of repairing hurricane damage and vandalism, asserting causes of action for breach of an insurance contract, breach of the duty of good faith… Continue reading After Appraisal Award Is Paid: You May Not Get Your Day in Court
Colorado State Legislature and Governor Hickenlooper Stop Insurers from Shortening the Statute of Limitations on Unsuspecting Policyholders
David Furtado – October 22, 2013 On May 10, 2013, Governor Hickenlooper ended the ability of insurers to shorten the statute of limitations through provisions in contracts with their policyholders. The bill Governor Hickenlooper signed made changes to Colorado Revised Statute Section 10-4-110.8, now entitled Homeowner’s insurance–prohibited and required practices–estimates of replacement value–additional living expense… Continue reading Colorado State Legislature and Governor Hickenlooper Stop Insurers from Shortening the Statute of Limitations on Unsuspecting Policyholders
Don’t threaten me!
Karl Oles – June 4, 2013 A 2013 decision from New York reminds us that threats can be costly. In Mometal Structures, Inc. v. T.A. Ahern Contractors Corp., from the Eastern District of New York, Mometal was hired by Ahern as structural steel subcontractor. The project was delayed for reasons that were not Mometal’s fault. Mometal tried to… Continue reading Don’t threaten me!
Limitation on Coverage for Payment of Damages Creates Ambiguity
Tred R. Eyerly – March 20, 2013 Unable to discern the meaning of a provision stating that payment of damages would be made “through a trial but not any appeal”, the court found an ambiguity. Parker v. Am. Family Ins. Co., 2013 U.S. Dist. LEXIS 9085 (D. Ore. Jan. 23, 2013). The homeowners sued the… Continue reading Limitation on Coverage for Payment of Damages Creates Ambiguity