Kenneth Kan – August 14, 2013 Most if not all homeowner policies contain a provision entitled “Suit Against Us” which sets forth the time limitation to file a lawsuit against the insurer under the policy. In California, insurance companies can contractually require that the lawsuit be commenced within one year after the date or “inception… Continue reading The Delayed Discovery Rule in California and the Statute of Limitations
Category: Construction
A Construction Defect Insurance Carrier Need Only Demonstrate That Another Insurance Carrier’s Policy May Potentially Cover The Claim In Order To Recover Equitable Contribution To A Settlement
Scott E. Hennigh – August 25, 2013 A California Appellate Court recently clarified the burden of proof for an insurance company seeking contribution from another insurance company in settlement of a construction defect action. When a company involved in construction is sued for allegedly causing property damage to the building or structure it built (i.e.… Continue reading A Construction Defect Insurance Carrier Need Only Demonstrate That Another Insurance Carrier’s Policy May Potentially Cover The Claim In Order To Recover Equitable Contribution To A Settlement
California’s Unfair Competition Law Can Provide an Independent Cause of Action Against an Insurance Company
Kenneth Kan – August 21, 2013 Earlier this month, the California Supreme Court issued its highly anticipated decision in the case Zhang v. Superior Court of San Bernardino County.1 The Court addressed the question of whether insurance practices that violate the Unfair Insurance Practices Act (UIPA)2 can support an action based on the Unfair Competition… Continue reading California’s Unfair Competition Law Can Provide an Independent Cause of Action Against an Insurance Company
Mechanics Lien Rights: Use ‘Em or Lose ‘Em
Michael R. Bosse – August 9, 2013 An important new case regarding New Hampshire Mechanics Lien Law has application for contractors in all states and reminds the industry of how painful uncollectible debts can be. In Moultonborough Hotel Group decided on July 18, a hotel developer was building the Hampton Inn and Suites in Tilton,… Continue reading Mechanics Lien Rights: Use ‘Em or Lose ‘Em
Top Four Challenges Facing Construction Estimators
Joanie Hollabaugh – August 19, 2013 Payscale.com ranks construction estimators in position number 54 of their Top 100 Best Jobs (November, 2010 issue). Puts them right in the middle of the pack, right? Then, they also break it down into segments that reflect the research by “quality of life ratings”: Personal Satisfaction: B Job Security:… Continue reading Top Four Challenges Facing Construction Estimators