Garret Murai | California Construction Law Blog We’re beginning to see a trend. This past year, the 2nd District Court of Appeals, in Eisenberg Village of the Los Angeles Jewish Home for the Aging v. Suffolk Construction Company, 53 Cal.App.5th 1201 (2020), held for the first time that a one (1) year statute of limitations period… Continue reading 1st District Joins 2nd District Court of Appeals and Holds that One-Year SOL Applies to Disgorgement Claims
Tag: california
Avoid Creating Coverage By Estoppel, Waiver & Forfeiture: California
Alicia Gurries | Cozen O’Connor Waiver, estoppel and forfeiture are doctrines on which insureds often rely to try to create coverage outside the terms of the insurance policy. Insureds will often assert that they are entitled to such extra-contractual coverage based entirely on how the insurer handled the claim. But under California law, these doctrines often do not apply,… Continue reading Avoid Creating Coverage By Estoppel, Waiver & Forfeiture: California
Court of Appeal Holds Only “Named Insureds” May Sue for Bad Faith Under California FAIR Plan Policy
Valerie A. Moore and Kathleen E.M. Moriarty | Haight Brown & Bonesteel In Wexler v. California Fair Plan Association (No. 303100, filed 4/14/21), Brooke Wexler’s parents insured their residence, which was located in a mountainous high-fire risk area, with a California FAIR Plan Association owner-occupied dwelling policy. The policy only listed Wexler’s parents and did not name… Continue reading Court of Appeal Holds Only “Named Insureds” May Sue for Bad Faith Under California FAIR Plan Policy
California Court of Appeal Addresses Right to Repair Statute
Blake Robinson | Davis Wright Tremaine The California Court of Appeal recently issued a decision analyzing the application of the Right to Repair Act1 as applied to a company that provided an allegedly defective product in a residential construction project. In State Farm General Insurance Co. v. Oetiker, Inc., 58 Cal.App.5th 940 (2020), the court concluded that… Continue reading California Court of Appeal Addresses Right to Repair Statute
Close Enough Only Counts in Horseshoes and Hand Grenades
Garret Murai | California Construction Law Blog In State Farm General Insurance Company v. Oetiker, Inc., Case No. B302348 (December 18, 2020), a manufacturer sued in subrogation action under the Right to Repair Act almost got away. Almost. The Oetiker Case James and Jennifer Philson’s home was substantially completed, and a notice of completion was recorded,… Continue reading Close Enough Only Counts in Horseshoes and Hand Grenades