Garret Murai | California Construction Law Blog | March 6, 2017 In 2002, the California State Legislature passed Senate Bill 800 also known as the Right to Repair Act (Civil Code Sections 895 et seq.) in an effort to stem a then rising tide in residential construction defect litigation. SB 800, which applies to newly… Continue reading Economic Damages and the Right to Repair Act : You Can’t Have it Both Ways
Tag: Advise & Consult
Additional Insured Not Entitled to Indemnity Coverage For Damage Caused by Named Insured
Tred Eyerly | Insurance Law Hawaii | February 15, 2017 The additional insured unsuccessfully sought to recover damages to its building caused by the named insured. Brit UW, Ltd. v. Tripar, Inc., 2017 U.S. Dist. LEXIS 2462 (N.D. Ill. Jan. 6, 2017). Davis Russell Real Estate and Management LLC hired Tripar, Inc., a general contractor, to… Continue reading Additional Insured Not Entitled to Indemnity Coverage For Damage Caused by Named Insured
Are Formal Floor Inspections Worth It?
Stacy D. Fulco and Donna Simms | The CLM Magazine | February 2017 Developing a Program to Reduce Incidents and Win Summary Judgments The primary question on every examiner and in-house attorney’s mind when reviewing a new claim is whether there is a potential for summary judgment. The answer to that one question often determines… Continue reading Are Formal Floor Inspections Worth It?
Emotional Distress Damages Not Distinct from “Annoyance and Discomfort” Damages in Case Arising from 2007 California Wildfires
Kristen Lee Price and Lawrence S. Zucker II | Haight Brown & Bonesteel LLP | February 3, 2017 In Hensley v. San Diego Gas & Elec. Co., (No. D070259, filed 1/31/17), the California Court of Appeal for the Fourth Appellate District held that emotional distress damages are available on claims for trespass and nuisance as part… Continue reading Emotional Distress Damages Not Distinct from “Annoyance and Discomfort” Damages in Case Arising from 2007 California Wildfires
Avoid Policy Pitfalls and Maximize Insurance Coverage for Construction Claims
Gabrielle T. Kelly | Brouse McDowell | February 9, 2017 Insurance Companies will often raise multiple exclusions that are contained in a standard Commercial General Liability (CGL) policy to deny coverage for a claim arising from a construction project. The most frequently raised issues in construction disputes are the group of exclusions known as the… Continue reading Avoid Policy Pitfalls and Maximize Insurance Coverage for Construction Claims