Garret Murai | California Construction Law Blog | April 3, 2019 Sometimes you can see a train wreck coming a mile away. The next case, Design Built Systems v. Sorokine, Court of Appeal for the First District, Case Nos. A151264 and A152059 (February 26, 2019), is one of those cases. It also happens to read like a… Continue reading California Case That Reads Like Russian Novel Results in Less Than Satisfying Result for Both Project Owner and Contractors
Tag: Breach of Contract
Insured’s Complaint for Breach of Contract and Bad Faith Adequately Pleads Consequential Damages
Tred R. Eyerly | Insurance Law Hawaii | March 4, 2019 The appellate court overturned the trial court’s dismissal of the insured’s complaint seeking consequential damages. D.K. Prop. Inc. v. Nat’l Union Fire Ins. Co. of Pittsburgh v, Pa., 2019 N.Y. App. Div. LEXIS 329 (N.Y. App. Div. Jan. 17, 2019). The… Continue reading Insured’s Complaint for Breach of Contract and Bad Faith Adequately Pleads Consequential Damages
Court Denies Recovery of Public Adjuster Fees in Breach of Contract Action
Ashley Harris | Property Insurance Coverage Law Blog | December 16, 2018 In Kingshill Hospitality, Inc. v. American Economy Insurance Company,1 the policyholder’s hotel was damaged by a fire. Three days later the policyholder hired a public adjuster to assist in submitting its insurance claim. A dispute arose regarding the amount of loss and the policyholder filed… Continue reading Court Denies Recovery of Public Adjuster Fees in Breach of Contract Action
Bad Faith May Arise Out Of Wrongful Misrepresentation in Application Denial
Chip Merlin | Property Insurance Coverage Law Blog | November 28, 2018 Suspicion runs rampant with some insurance companies when it comes to alleged arson. Even if they cannot prove the policyholder had anything to do with a fire, some adjusters cannot help to look for other ways to deny an insurance claim. In Hayes vs.… Continue reading Bad Faith May Arise Out Of Wrongful Misrepresentation in Application Denial
Timely Paying Appraisal Award Exempted Insurer from Breach of Contract and Bad Faith Claim
Marle Laur | Property Insurance Coverage Law Blog | November 3, 2018 In the case Biasatti v. GuideOne National Ins. Co., No. 07-17-00044-CV (Tex. Ct.App. Aug. 16, 2018), Steven Biasatti and Paul Gross, d/b/a TopDog Properties, brought suit against its insurance company, GuideOne National Insurance Company for breach of contract. TopDog Properties (“TopDog”) was insured through… Continue reading Timely Paying Appraisal Award Exempted Insurer from Breach of Contract and Bad Faith Claim