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
Tag: Breach of Contract
The Calm After the Storm: Florida Supreme Court Issues Anticipated Hurricane Related Bad Faith Opinion
John David Dickenson – September 2012 Florida has a knack for being in the path of hurricanes. When a storm is on the horizon, Floridians busy themselves preparing their homes and commercial properties for impact. After a storm has passed, claims handlers and lawyers, in turn, busy themselves with the work that inevitably follows. Florida… Continue reading The Calm After the Storm: Florida Supreme Court Issues Anticipated Hurricane Related Bad Faith Opinion
A Contractor’s Implied Non-Delegable Duty
Lochlin B. Samples – April 6, 2012 A recent Tennessee Supreme Court case, Federal Insurance Co. v. Winters, 354 S.W. 3d 287 (Tenn. 2011), addressing two previously unresolved issues in Tennessee, concluded that a contractor has an implied duty to perform work in a careful, skillful, and workmanlike manner and that, absent the owner’s consent, this duty… Continue reading A Contractor’s Implied Non-Delegable Duty