Kevin Quinley, CPCU | Claims Magazine | January 2016 Don’t look now, but best practices are the rage. Every insurance company, third-party claims administrator and independent adjusting company seems to embrace best practices to differentiate themselves from competitors. Marketing factors spur the trend too, as companies tout their own best practices to separate themselves from… Continue reading The Dark Side of Claim “Best Practices”
Coverage Found for Faulty Workmanship Damaging Other Property
Tred R. Eyerly | Insurance Law Hawaii | January 4, 2016 The district court found that under Illinois law, the damage caused by the insured’s faulty workmanship to portions of building beyond the scope of its own work was covered under a CGL policy. Westfield Ins. Co. v. Nat’l Decorating Serv., 2015 U.S. Dist. LEXS 159140… Continue reading Coverage Found for Faulty Workmanship Damaging Other Property
Differing Site Conditions Claim Fails in Washington State
Meredith C. Eilers | Bernstein Shur Sawyer & Nelson PA | December 29, 2015 A recent decision from an appeals court in Washington State is a reminder of the difficulties in proving a differing site conditions claim, and the importance of contract documents in asserting that claim. In King County v. Vinci Construction Grands Projets, — P.3d… Continue reading Differing Site Conditions Claim Fails in Washington State
#1 – The CA Supreme Court Grants Petition for Review of McMillin Albany LLC v. Super Ct. 2015 F069370 (Cal.App.5 Dist.) As to Whether the Right to Repair Act SB 800 is the Exclusive Remedy for All Defect Claims Arising Out of New Residential Construction
Richard H. glucksman, Esq., Glenn T. Barger, Esq., Jon A. Turigliatto, Esq. and David A. Napper, Esq. | Chapman Glucksman Dean Roeb & Barger Bulletin | December 2, 2015 As anticipated in a prior CGDRB 2015 Bulletin that discussed the Fifth Appellate District Court’s noteworthy opinion in McMillin Albany LLC v. Super Ct. 2015 F069370… Continue reading #1 – The CA Supreme Court Grants Petition for Review of McMillin Albany LLC v. Super Ct. 2015 F069370 (Cal.App.5 Dist.) As to Whether the Right to Repair Act SB 800 is the Exclusive Remedy for All Defect Claims Arising Out of New Residential Construction
#2 – Subcontractor must Pay for General Contractor Defense, Including its Litigation Mistakes, after Ignoring General Contractor’s Tender Under Express Indemnity Provision
Graham C. Mills | Newmeyer & Dillion, LLP A recent decision by the Court of Appeal, Valley Crest Landscape Development, Inc. v. Mission Pools of Escondido (2015) 238 Cal.App.4th 468, reinforces the right of a general contractor to defense and indemnity by a subcontractor when the parties have contractually allocated risk to the subcontractor. To… Continue reading #2 – Subcontractor must Pay for General Contractor Defense, Including its Litigation Mistakes, after Ignoring General Contractor’s Tender Under Express Indemnity Provision