John L. Watkins and Russ Rogers – July 19, 2013 Overview On July 18, 2013, in Taylor Morrison Services, Inc. v. HDI-Gerling Ins. Co., the Supreme Court of Georgia decided two important certified questions from the United States Court of Appeals for the Eleventh Circuit that affirm and expand the rights of property owners and… Continue reading Georgia Supreme Court Rules on Insurance Coverage for Construction Defects
California Allows Contractors Formed As LLCs To Access Surplus Lines Carriers
Dennis Rolstad – August 21, 2013 On August 16, 2013, California Governor Jerry Brown signed AB1236, a bill that allows contractors organized as limited liability companies to obtain liability insurance from non-admitted surplus lines carriers. California Business & Professions Code § 7071.19 requires that limited liability companies carry liability insurance. AB1236, sponsored by the Association… Continue reading California Allows Contractors Formed As LLCs To Access Surplus Lines Carriers
Energy-efficient Building Facades on the Horizon
Barbara Vergetis Lundin – August 26, 2013 The future of energy-efficiency holds some interesting technology. In fact, Navigant Research is predicting that smart glass, which can help improve energy performance while increasing occupant comfort and satisfaction, will grow to an annual market value of $899 million by 2022 — up from $88 million in 2013.… Continue reading Energy-efficient Building Facades on the Horizon
The Delayed Discovery Rule in California and the Statute of Limitations
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
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