Mark Ellinghouse and Jon E. Goetz – September 5, 2013 California’s Right to Repair Act (also known as SB 800) provides court remedies for a homeowner when construction defects diminish the economic value of a home, even though no personal injuries or actual property damage have occurred. A recent California appellate court decision confirmed that… Continue reading Construction Defect Litigation: Right to Repair Act (SB 800) Does Not Eliminate Common Law Remedies for Actual Damage to Residences
Insurers’ Motion to Knock Out Bad Faith, Negligent Misrepresentation Claims in Construction Defect Case Denied
Tred Eyerly – August 12, 2013 Having previously decided that construction defect claims did not arise from an occurrence and were consequently not covered under Hawaii law, the Hawaii Federal District Court refused to dismiss the insured’s second amended counterclaim alleging various claims for relief. Ill. Nat’l Ins. Co. v. Nordic PCL Construc., Inc., 2013… Continue reading Insurers’ Motion to Knock Out Bad Faith, Negligent Misrepresentation Claims in Construction Defect Case Denied
Roofers Posing as Public Adjusters
Chip Merlin – August 28, 2013 The insurance claims industry has a quiet battle raging with the roofing restoration industry. Insurance companies dislike some roofers’ sales tactics involving assignments of rights, agreeing to absorb deductibles, scope and pricing. Insurance companies have accused some roofing contractors of outright fraud. Public adjusters are not exactly enamored with… Continue reading Roofers Posing as Public Adjusters
Civil Trials are Disappearing in the US
Kenneth Childs – August 22, 2013 Over the past several years, fewer and fewer civil cases have proceeded to trial. Indeed, over the past 40 to 50 years or so, the decline has been precipitous. In 1962, 11.5 percent of federal civil cases went to trial, but by 2002 that figure had dropped to only… Continue reading Civil Trials are Disappearing in the US
Is The “Act Of God” Or “Act of Nature” Defense Misplaced in First-Party Property All-Risk Policies?
Shaun Marker – September 3, 2013 This Labor Day weekend, you probably had family parties and barbecues and weren’t thinking about insurance claims issues and insurance policies. Rightfully so as it is a time to rest and reflect on all the hard work we do to contribute to the success and prosperity of our nation.… Continue reading Is The “Act Of God” Or “Act of Nature” Defense Misplaced in First-Party Property All-Risk Policies?