Mark Himmelstein and Jenny Guzman | Construction Defect Journal | June 15, 2017 Since 2008 when the California legislature limited subcontractor indemnity obligations, the design professional community has been shouting “what about us?” Well, the legislature finally responded and a new law that limits design professional’s defense and indemnity obligations to their percentage of fault… Continue reading The California Legislature Passes SB 496 Limiting Design Professional Defense and Indemnity Obligations
Month: November 2017
Construction Claims–How an Expert Witness Helps You Win
J. Norman Stark | November 20, 2017 Construction claims’ prosecution and defense present a serious challenge to the construction attorney. The intricate legal process begins with the ALERT of an onsite incident, accident, or fatality. Immediately following the initial client intake interview, through investigation, discovery, and trial, a construction lawyer is presented with the daunting… Continue reading Construction Claims–How an Expert Witness Helps You Win
Oregon Supreme Court Confirms Broad Duty to Defend
Theresa A. Guertin and Tiffany Casanova | Saxe Doernberger & Vita PC The Supreme Court of Oregon issued a decision at the end of last year which perfectly illustrates the lengths to which a court may go to grant a contractor’s claim for defense from its insurer in a construction defect suit. In West Hills… Continue reading Oregon Supreme Court Confirms Broad Duty to Defend
Gillotti v. Stewart (2017) 2017 WL 1488711 Rejects Liberty Mutual, Holding Once Again that the Right to Repair Act is the Exclusive Remedy for Construction Defect Claims
Richard H. Glucksman, Esq. and Chelsea L. Zwart, Esq. | Construction Defect Journal | June 5, 2017 Background In Gillotti v. Stewart (April 26, 2017) 2017 WL 1488711, which was ordered to be published on May 18, 2017, the defendant grading subcontractor added soil over tree roots to level the driveway on the plaintiff homeowner’s… Continue reading Gillotti v. Stewart (2017) 2017 WL 1488711 Rejects Liberty Mutual, Holding Once Again that the Right to Repair Act is the Exclusive Remedy for Construction Defect Claims
AIG Must Defend Additional Insureds
Joan Cotkin | Insurance Recovery Report | November 17, 2017 That it took an appellate court to order AIG’s Lexington Insurance to honor its additional insured obligations is a measure of how frequently insurers attempt to dodge this important contractual obligation. The case of McMillin Management Services v. Financial Pacific Insurance, et al., in the Fourth District… Continue reading AIG Must Defend Additional Insureds