Pearson Legal

Policyholders’ Rights After Payment of an Appraisal Award

Policyholders may not be aware that their property insurance policy contains an appraisal provision. Insurance companies sometimes use these appraisal provisions to delay the claims process, increase costs for policyholders, or prevent the policyholder from filing lawsuits against them. Some form of an appraisal provision is in almost every property insurance policy sold in Texas and throughout...
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Four Best Practices for Negotiating a Construction Contract

When you begin negotiating with design professionals and contractors on a construction project, there are several pitfalls you should avoid. Here are four important issues to keep in mind: 1. Avoid arbitration provisions. “Don’t enter into a contract that contains an arbitration clause for dispute resolution,” advises Pearson Legal, P.C. founder Matthew R. Pearson. “Arbitration is promoted b...
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What is the difference between a statute of limitations and a statute of repose?

If you have problems with a commercial construction project, you must be sure to assert your legal rights timely, or they will be waived. Two critical “deadlines” to keep in mind are the statute of limitations and the statute of repose. There are some key differences between the two, but both are designed to allow the defendant to: Request proof of injury; Hire its own inspectors to view t...
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Is Your Home or Business Hurricane-Ready?

Hurricane Laura may have missed most of Texas, but we’re not out of the woods yet. The Atlantic hurricane season lasts through Nov. 30. Is your home or business ready for a natural disaster? Here are some tips to follow. Know Your Risk Hurricanes aren’t just a coastal problem. Hurricane damage can happen almost anywhere. A hurricane making landfall at a high speed has the power to move a lon...
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When is the right time to consult an attorney in the insurance claims process?

You may have suffered a loss from property damage caused by hail, tornado, hurricane, windstorm, fire, explosion or other weather related events, or you may have suffered losses due to a business interruption. Either way, your first course of action is to file a claim with your insurance company. Keep in mind that an insurance claim is a business transaction, and you may not see eye-to-eye with...
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Supreme Court Rules In Favor of Property Owner

In June 2013, commercial properties owned by TopDog Properties and insured by GuideOne National Insurance Company sustained wind and hail damage. After its first inspection, GuideOne determined that the loss fell below TopDog’s deductible and denied the claim. GuideOne refused to reinspect the property and then rejected TopDog’s request to resolve the dispute through appraisal, explaining that the...
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