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
Tag: Consequential Damages
Recovering Consequential Damages Under General Liability Policies
Charles P. Edwards and Alexandra Robinson French | Barnes & Thornburg | January 14, 2019 An often-overlooked feature of commercial general liability (CGL) policies is that they provide coverage for damages the insured is legally obligated to pay “because of” bodily injury or property damage. Most courts interpret “because of” broadly to include consequential damages… Continue reading Recovering Consequential Damages Under General Liability Policies
Contractual Waiver of Consequential Damages
David Adelstein | Florida Construction Legal Updates | December 1, 2018 Contractual waivers of consequential damages are important, whether they are mutual or one-sided. I believe in specificity in that the types of consequential damages that are waived should be detailed in the waiver of consequential damages provision. Standard form construction agreements provide a good template of… Continue reading Contractual Waiver of 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
Federal Court in Pennsylvania Analyzes Which Types of Damage are Barred by Contractual Waiver of Consequential Damages
Kristopher Berr | Pepper Hamilton LLP | January 26, 2017 Jay Jala, LLC v. DDG Construction, Inc., No. 15-3948, 2016 US Dist. LEXIS 150969 (E.D. Pa. Nov. 1, 2016) Jay Jala, LLC was the owner of a motel construction project in Allentown, Pennsylvania. DDG Construction, Inc. was the contractor. The project was delayed during construction… Continue reading Federal Court in Pennsylvania Analyzes Which Types of Damage are Barred by Contractual Waiver of Consequential Damages