California Supreme Court Rules Broadly in Favor of Insureds

David E. Weiss and Kerry Roberson | ReedSmith | June 11, 2018 On Monday, June 4, 2018, the California Supreme Court ruled that an insurance company must provide liability coverage to its corporate insured against claims of negligent hiring, retention, and supervision of its employee, who allegedly sexually assaulted a 13-year-old child. The case is Liberty… Continue reading California Supreme Court Rules Broadly in Favor of Insureds

When Does Time Start to Run for Limitation Purposes in Property Damage Claims Based on Negligence?

Seán Barton and Barrett Chapman | McCann FitzGerald | June 12, 2018 In a recent case, the Supreme Court has confirmed that time starts to run for limitation purposes in property damage claims based on negligence from the date when the damage is manifest. In Brandley v Deane 1 a property developer brought proceedings in negligence against… Continue reading When Does Time Start to Run for Limitation Purposes in Property Damage Claims Based on Negligence?

Nevada Supreme Court Rules That Arbitration Clause in Common-Interest Community’s Covenants, Conditions, and Restrictions Binds Homeowners

Alex Corey | Pepper Hamilton LLP | June 14, 2018 United States Home Corp. v. Ballesteros Trust, 2018 Nev. LEXIS 28 (Nev. Apr. 12, 2018) United States Home Corporation (“U.S.H.”) built homes in a Nevada common-interest community, subject to a Covenant, Conditions, and Restrictions agreement (“CC&R”), which provided that any dispute would be resolved by arbitration.… Continue reading Nevada Supreme Court Rules That Arbitration Clause in Common-Interest Community’s Covenants, Conditions, and Restrictions Binds Homeowners

“Was Not” versus “Is So”: Court Clarifies Whether Exceeding Monetary License Limit Affects Contractor’s Recovery

Matthew DeVries | Burr & Forman LLP | June 18, 2018 After a great extended weekend on the beaches of Florida, we embarked upon the drive back to Nashville with six kids. Despite the clearly defined travel rules, the antagonizing kid was putting his feet on the emotional kid. The creative kid was writing on… Continue reading “Was Not” versus “Is So”: Court Clarifies Whether Exceeding Monetary License Limit Affects Contractor’s Recovery

Enforcing A Mechanic’s Lien In California? Don’t Waive Your Right To Arbitrate The Dispute

Jeffrey N. Brown | Thompson Coburn LLP | June 13, 2018 On June 6, 2018, the California Court of Appeal held that a contractor waived its right to arbitrate disputes because it recorded a mechanic’s lien and then didn’t follow California Code of Civil Procedure Section 1281.5 in its subsequent lawsuit to foreclose on the… Continue reading Enforcing A Mechanic’s Lien In California? Don’t Waive Your Right To Arbitrate The Dispute

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