Kristen Lee Price and Lawrence S. Zucker II | Haight Brown & Bonesteel LLP | February 3, 2017 In Hensley v. San Diego Gas & Elec. Co., (No. D070259, filed 1/31/17), the California Court of Appeal for the Fourth Appellate District held that emotional distress damages are available on claims for trespass and nuisance as part… Continue reading Emotional Distress Damages Not Distinct from “Annoyance and Discomfort” Damages in Case Arising from 2007 California Wildfires
Month: March 2017
Avoid Policy Pitfalls and Maximize Insurance Coverage for Construction Claims
Gabrielle T. Kelly | Brouse McDowell | February 9, 2017 Insurance Companies will often raise multiple exclusions that are contained in a standard Commercial General Liability (CGL) policy to deny coverage for a claim arising from a construction project. The most frequently raised issues in construction disputes are the group of exclusions known as the… Continue reading Avoid Policy Pitfalls and Maximize Insurance Coverage for Construction Claims
Florida’s Construction Defect Statute: Renovation Begins Again
Jeffrey S. Wertman | Berger Singerman LLP | March 1, 2017 Renovation is underway again on Florida’s construction defect law, Chapter 558 of the Florida Statutes. Florida’s construction defect law requires the owner of real property in Florida to provide contractors, developers and other construction parties with a formal written notice of potential construction defects… Continue reading Florida’s Construction Defect Statute: Renovation Begins Again
Oregon Court of Appeals Rejects Insurer’s Attempt to Cast its Own Insured as Just Another Insurer
Dwain Clifford | The Policyholder Report | March 1, 2017 You’re sued. You tender the defense of the lawsuit to your insurer, but it refuses to defend you. You settle the case and then file a lawsuit against your insurer for what it should have paid to defend you while sitting out of the fight.… Continue reading Oregon Court of Appeals Rejects Insurer’s Attempt to Cast its Own Insured as Just Another Insurer
Poor Workmanship Tops List of Construction Defects in New Report From Community Associations Institute (CAI)
Marketwired | February 28, 2017 Protecting Homebuyers and Homeowners from Construction Deficiencies in Condominiums and Preserving Property Values Survey The majority of construction deficiencies occur in new condominium developments compared to townhomes and single family homes, according to a new study released today by Community Associations Institute (CAI), the leading authority in community association education,… Continue reading Poor Workmanship Tops List of Construction Defects in New Report From Community Associations Institute (CAI)