Garret Murai | California Construction Law Blog Just because you own a pair of Air Jordans doesn’t make you Michael Jordan. In the next case, Carter v. Pulte Home Corporation, Case No. A154757 (July 23, 2020), the 1st District Court of Appeal denied an insurance carrier’s equitable subrogation claim explaining that an insurer’s obligations under its… Continue reading Insurance Policies and Indemnity Provisions Are Not the Same
Month: October 2020
Minnesota Supreme Court’s First Opinion on the State’s Bad Faith Statute
J. Kent Crocker | PropertyCasualtyFocus The Minnesota Supreme Court in the matter of Alison Joel Peterson v. Western National Mutual Insurance Company, 946 N.W.2d 903 (Minn. 2020) opined for the first time on the state’s bad faith statute (Minn. Stat. § 604.18) and weighed in on the interpretation of the two prongs contained within the statute.… Continue reading Minnesota Supreme Court’s First Opinion on the State’s Bad Faith Statute
New Georgia Law Confines Statutory Lien Waivers to a Claimant’s Lien Rights
Peter Szeremeta and William Wildman | Eversheds Sutherland On August 5, 2020, Georgia Governor Brian Kemp signed into law a revised version of Georgia’s mechanics’ and materialmen’s lien statute. Under the new law, a claimant’s submission of a statutory lien waiver will only impact that claimant’s lien rights, and the waiver will not extend to… Continue reading New Georgia Law Confines Statutory Lien Waivers to a Claimant’s Lien Rights
Federal Court Holds That Other Insurance Analysis Is Unnecessary If Policies Cover Different Risks
Craig Rokuson | Traub Lieberman In Greater Mutual Insurance Company v. Continental Casualty Company, 2020 WL 5370419 (S.D.N.Y. September 8, 2020), the United States District Court for the Southern District of New York had occasion to consider the “other insurance” provisions of a commercial general liability policy, issued by Greater Mutual Insurance Company (“GNY”), and a… Continue reading Federal Court Holds That Other Insurance Analysis Is Unnecessary If Policies Cover Different Risks
Judgment for Breach of Contract Reversed as Trial Court Should Have Granted Leave to Amend Complaint For Bad Faith
Michael Velladao | Lewis Brisbois In Eghtesad v. State Farm Gen. Ins. Co., 51 Cal.App.5th 406 (June 29, 2020), the California Court of Appeal reversed the trial court’s entry of judgment in favor of State Farm General Insurance Company (“State Farm”) based on an order sustaining a demurrer without leave to amend regarding a complaint filed… Continue reading Judgment for Breach of Contract Reversed as Trial Court Should Have Granted Leave to Amend Complaint For Bad Faith