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TX Supreme Court Clarifies: Breach of Contract Not Required to Prevail on Statutory Bad Faith ClaimJun 04, 2018

The Supreme Court of Texas recently clarified that under certain circumstances, an insured can recover policy benefits as damages for bad faith even absent a finding that the insurer was in breach of contract.  In USAA Texas Lloyds Company v. Menchaca, the court explored decades’ worth of Texas precedent and distilled it into five simple rules that govern claims of this nature.  This case is an invaluable resource for policyholders…

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Surviving a Tornado – How to Navigate Insurance Claims in the Wake of the Recent Connecticut StormMay 18, 2018

Five minutes after I parked my car, a tree fell on it. On Tuesday, May 15th I pulled into my driveway, in my small Connecticut neighborhood, under a grey sky. As soon as I walked in the house, the lights flickered. And then suddenly there was a loud “Crack!” and “Crash!” and the sound of breaking glass. I looked out the window and trees were bent 90 degrees, then snapping,…

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Resistance is Futile: Insurers’ Broad Duty to Defend in CaliforniaMar 26, 2018

On January 17th, 2018, the PHP Ins. decision from the Ninth Circuit Court of Appeals solidified the broad duty to defend for insurers in California. The court used the long-established precedent that remote facts buried within the causes of action that may potentially give rise to coverage are sufficient to invoke the duty to defend and upheld the trial court’s decision that the insurer’s duty to defend was triggered. Click…

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Court Narrowly Interprets “Faulty Workmanship” ProvisionMar 22, 2018

In a recent victory in their home state of Connecticut, Saxe Doernberger & Vita partners, Jeffrey Vita and Theresa Guertin, representing owner-developer 777 Main Street, LLC, overcame a summary judgment motion filed by Liberty Mutual Fire Insurance Company. The Connecticut Superior court refused to adopt the insurer’s broad interpretation of the “faulty workmanship” exclusion in an all-risk builders’ risk insurance policy. In 2014, 777 Main Street, LLC began renovations on…

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