Jatin Patel | Newmeyer Dillion It has long been the law in California that an insurer’s duty to defend is broader than the duty to indemnify and that the mere possibility of coverage triggers a duty to defend. Nevertheless, insurers still periodically ignore this clear principle and attempt to narrow the scope of the duty… Continue reading Court Reminds Insurer that the Mere Possibility Of Coverage at the Time of Tender Triggers a Duty to Defend in a Defect Action
Tag: california
Calif. Supreme Holds the Line on Homeowners’ Liability for Contractor Injuries
Jim Sams | Claims Journal A homeowner who exercised no control over the worksite is not liable for injuries to an independent contractor even though the homeowner had failed to repair an obvious hazard, the California Supreme Court ruled. In a unanimous decision Thursday, the high court overturned the Court of Appeals, saying it will “decline to… Continue reading Calif. Supreme Holds the Line on Homeowners’ Liability for Contractor Injuries
CSLB Begins Processing Applications for New B-2 License
Garret Murai | California Construction Law Blog As we wrote about in our 2021 Construction Law Update, one of the new laws to take effect on January 1, 2021 was the enactment of SB 1189 which created a new B-2 Residential Remodeling Contractor’s license. The new license is available to contractors working on existing homes with residential wood… Continue reading CSLB Begins Processing Applications for New B-2 License
Statutory Offer to Compromise – A Potential Pitfall for CA Contractors, With a Way Out
Ian Williamson | Gordon Rees Scully Mansukhani A statutory offer to compromise a case is a common tool in litigation in California. Under CCP section 998, a party can make an offer to the opposing party. If that offer is not accepted, the case goes to trial, and the recipient does not do better at… Continue reading Statutory Offer to Compromise – A Potential Pitfall for CA Contractors, With a Way Out
1st District Joins 2nd District Court of Appeals and Holds that One-Year SOL Applies to Disgorgement Claims
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