Steven M. Cvitanovic and Omar Parra | Haight Brown & Bonesteel LLP | April 5, 2017 In California, it is well-established that the extent of a party’s obligation under an indemnity agreement is an issue of contractual interpretation, and it is therefore the intent of the parties that should control. What is the parties’ intent,… Continue reading “To Indemnify, or Not to Indemnify, that is the Question: California Court of Appeal Addresses Active Negligence in Indemnity Provisions”
Tag: Advise & Consult
Insurance Policy Did Not Prevent Association Recovery from Subcontractors for Defective Work
Justin L. Weisberg | K & L Gates Hub | April 6, 2017 On February 17, the First District Appellate Court issued an opinion regarding the Implied Warranty of Habitability in the case of Sienna Court Condominium Association v. Champion Aluminum Court et al. The opinion involved three separate appeals: the first relating to claims… Continue reading Insurance Policy Did Not Prevent Association Recovery from Subcontractors for Defective Work
Occurrence-Based Insurance Policies and Claims-Made Insurance Policies – There’s a Crucial Difference
Garret Murai | California Construction Law Blog | April 9, 2017 Photo credit: Christian Schnettelker I’ve yet to find reading through an insurance policy on anyone’s “bucket list.” But read them you should. Or have your attorney read through them (wink, wink). Because when you need to tender a claim there’s probably no more important… Continue reading Occurrence-Based Insurance Policies and Claims-Made Insurance Policies – There’s a Crucial Difference
A Stitch in Time Saves … An Insured From Incurring Non-Covered Defense Costs
Christopher B. Freeman | PropertyCasualtyFocus | April 7, 2017 Timely notice is typically a condition precedent to coverage under an insurance contract, though many states require an insurer to demonstrate prejudice before denying coverage solely based on a failure to comply with a notice provision. However, as the court found in EmbroidMe.com, Inc. v. Travelers… Continue reading A Stitch in Time Saves … An Insured From Incurring Non-Covered Defense Costs
Hurdles with Triggering a Subcontractor Performance Bond
David Adelstein | Florida Construction Legal Updates | April 1, 2017 There have been a couple of decisions as of late, particularly in federal court, that have gone in favor of a performance bond surety and against a general contractor’s claim against a subcontractor’s performance bond. These decisions have been so unfavorable that they may… Continue reading Hurdles with Triggering a Subcontractor Performance Bond