Brian Comarda andAllison K. Wells | Gordon Rees Scully Mansukhani Currently, Texas is one of only two states where a contractor may be held liable for defects related to construction designs, plans, or specifications – even if provided by the hiring party (i.e., the owner, owner’s agent or design professional). However, new legislation in Texas (SB… Continue reading Texas Legislation Filed to Relieve Contractors of Liability Resulting From Design Defects
Tag: Texas
Obscure But Important Surety and Guarantee Rules
Joe Virene | Gray Reed & McGraw Texas surety law contains obscure procedural rules that can have outsized consequences. Chapter 43 of the Civil Practice and Remedies Code is an important example. Applicability This chapter applies to everything that is a “surety” as defined by the statute. The statute’s definition includes “an endorser, a guarantor,… Continue reading Obscure But Important Surety and Guarantee Rules
Texas Appraisal Allows Determination of Causation and Upholds Zero Award
Chip Merlin | Property Insurance Coverage Law Blog Texas has a lot of insurance claims decided by appraisal. Maybe the appraiser for one insured should have gone to Steve Patrick’s appraisal class because the umpire and insurer’s appraiser came to a zero award, which was upheld on appeal. The court quoted from,1 stated the following as… Continue reading Texas Appraisal Allows Determination of Causation and Upholds Zero Award
Texas Supreme Court Holds that Invoking Appraisal Provision and Paying Appraisal Amount Does Not Insulate an Insurer from Damages Under the Texas Prompt Payment of Claims Act
John C. Eichman and Grayson L. Linyard | Hunton Andrews Kurth | July 3, 2019 In two cases decided June 28, 2019, the Texas Supreme Court held that an insurer’s invocation of a contractual appraisal provision after denying a claim does not as a matter of law insulate it from liability under the Texas Prompt… Continue reading Texas Supreme Court Holds that Invoking Appraisal Provision and Paying Appraisal Amount Does Not Insulate an Insurer from Damages Under the Texas Prompt Payment of Claims Act
Texas Supreme Court Clarifies Bad Faith in Appraisal Process
Jim Sams | Claims Journal | July 2, 2019 An insurer’s payment of the appraisal value after disputing a claim does not establish that it was liable, nor does that payment prevent a policyholder from pursuing penalties under the Prompt Payment of Claims Act, a split Texas Supreme Court ruled in a pair of decisions… Continue reading Texas Supreme Court Clarifies Bad Faith in Appraisal Process