It is possible for a party to contractually disclaim or otherwise foreclose liability to a fraud claim. However, let’s be honest. It can be done, but rarely is and would require very specific language to EXPLICITLY disclaim or foreclose such liability to a fraud claim. A recent case, discussed here, exemplifies this point where as-is language… Continue reading Can a Party Disclaim Liability in Their Contract to Fraud?
Tag: Fraud Claim
Homeowner’s Claims Defeated Because “Gravamen” of Complaint was Fraud, not Breach of Contract
Garret Murai | California Construction Law Blog Be careful what you wish for or, as in the next case, what you plead. In Vera v. REL-BC, LLC, Case Nos. A155807, A156823, and A159141 (June 30, 2021) 1st District Court of Appeal, a the buyer of a remodeled home who asserted breach of contract and fraud claims… Continue reading Homeowner’s Claims Defeated Because “Gravamen” of Complaint was Fraud, not Breach of Contract
Blindly Relying on Public Adjuster or Loss Consultant’s False Estimate Can Play Out Badly
David Adelstein | Florida Construction Legal Updates Insurance policies, particularly property insurance policies, have a concealment or fraud provision that, in essence, gives the insurer an out if the insured submits a fraudulent claim, a false claim, or conceals material facts. Unlike a traditional fraud claim where a party needs to prove intent, the provision is broad… Continue reading Blindly Relying on Public Adjuster or Loss Consultant’s False Estimate Can Play Out Badly
Even Where Fraud and Contract Mix, Be Careful With Timing
Christopher G. Hill | Construction Law Musings I have often discussed the limited circumstances under which a construction contract claim and a fraud claim can coexist. A recent case from the Western District of Virginia federal court demonstrates that care is necessary even in those limited circumstances. In Fluor Fed. Sols., LLC v. Bae Sys. Ordinance Sys.,… Continue reading Even Where Fraud and Contract Mix, Be Careful With Timing
An Insurer’s Potential Fraud Claim Against Insured Was “No Reason to Stop or Stay Appraisal,” Court Rules
Iris Kuhn | Property Insurance Coverage Law Blog | November 1, 2019 On October 2, 2019, the U.S. District Court for the Middle District of Florida ruled that a dispute between an insurance company and its policyholder should proceed to appraisal despite insurance company’s allegations that it had discovered what it called evidence of fraud.… Continue reading An Insurer’s Potential Fraud Claim Against Insured Was “No Reason to Stop or Stay Appraisal,” Court Rules