Christopher Kendrick and Valerie A. Moore | Haight Brown & Bonesteel In Pulte Home Corp. v. CBR Electric, Inc. (No. E068353, filed 6/10/20), a California appeals court reversed the denial of an equitable subrogation claim for reimbursement of defense costs from contractually obligated subcontractors to a defending insurer, finding that all of the elements for equitable subrogation… Continue reading Subcontractors Found Liable to Reimburse Insurer Defense Costs in Equitable Subrogation Action
Category: Insurance
Appeals Court Rules that Vertical and Not Horizontal Exhaustion Applies to Primary and First-Layer Excess Insurance
Christopher Kendrick and Valerie Moore | Haight Brown & Bonesteel In Santa Fe Braun v. Ins. Co. of North America (No. A151428, filed 7/13/20), a California appeals court relied on Montrose Chemical Corp. of California v. Superior Court (2020) 9 Cal.5th 215 (Montrose III), to hold that absent express policy wording to the contrary, horizontal exhaustion of all primary… Continue reading Appeals Court Rules that Vertical and Not Horizontal Exhaustion Applies to Primary and First-Layer Excess Insurance
At a Glance: Construction Contracts and Insurance in USA
Michael S. Zicherman | Peckar & Abramson Contracts and insurance Construction contracts What standard contract forms are used for construction and design? Must the language of the contract be the local language? Are there restrictions on choice of law and the venue for dispute resolution? Many different form contracts are utilised. The most widely used… Continue reading At a Glance: Construction Contracts and Insurance in USA
Virtual Jury Trials: The Next Wave of Remote Legal Practice
David R. Zaslow and Mark Paladino | White & Williams One of the most obvious and unavoidable results of the COVID-19 crisis has been the postponement of jury service and, by extension, all jury trials. Given the inherent difficulties of convening juries in a world of social distancing, it is likely that multiple jurisdictions will… Continue reading Virtual Jury Trials: The Next Wave of Remote Legal Practice
Contractor Prevailing Against Subcontractor on Common Law Indemnity Claim
David Adelstein | Florida Construction Legal Updates Common law indemnity is not an easy claim to prove as the one seeking common law indemnity MUST be without fault: Indemnity is a right which inures to one who discharges a duty owed by him, but which, as between himself and another, should have been discharged by the… Continue reading Contractor Prevailing Against Subcontractor on Common Law Indemnity Claim