Kevin Brantley and J. Kelby Van Patten | Payne & Fears | September 27, 2019 The California Supreme Court has struck a blow to insurers’ attempts to contract out of more policyholder friendly jurisdictions, holding that the notice-prejudice rule is a fundamental public policy. Pitzer College v. Indian Harbor Insurance Co., 2019 WL 4065521. In Pitzer College,… Continue reading California Supreme Court Strikes Blow to Insurers’ Choice-of-Law Provisions
Tag: california
California Supreme Court holds that “Notice-Prejudice Rule” Is a “Fundamental Public Policy” of California for the Purpose of Choice of Law Determination
Susan White | Buchalter | September 12, 2019 On August 29, 2019, the California Supreme Court issued a decision on an important issue to many insurance coverage disputes. In Pitzer College v. Indian Harbor Insurance Co., the Court held that California’s “notice-prejudice rule”—which requires an insurer to prove it was substantially prejudiced by an insured’s untimely… Continue reading California Supreme Court holds that “Notice-Prejudice Rule” Is a “Fundamental Public Policy” of California for the Purpose of Choice of Law Determination
Now That Insurers Can’t Legally Enforce Their $5,000 Wildfire Smoke Damage Caps, What Have They Done To Make Up For Their Unanticipated Losses?
Daniel Verhoff | Property Insurance Coverage Law Blog | September 12, 2019 Many insurance companies thought they would have to pay no more than $5,000 for each California wildfire claim but are ending up paying hundreds of thousands if not millions. These companies sought to reduce their exposure to wildfire losses by capping their liability for wildfire… Continue reading Now That Insurers Can’t Legally Enforce Their $5,000 Wildfire Smoke Damage Caps, What Have They Done To Make Up For Their Unanticipated Losses?
California Subcontractor Gets a Kick in the Rear (or Perhaps the Front) for Prematurely Recorded Mechanics Lien
Garret Murai | California Construction Law Blog | September 3, 2019 California provides three statutorily recognized construction payment remedies: (1) mechanics liens; (2) stop payment notices; and (3) payment bond claims. Each is intended to provide payment protections for those who furnish labor, materials and services on a construction project. However, each is also different… Continue reading California Subcontractor Gets a Kick in the Rear (or Perhaps the Front) for Prematurely Recorded Mechanics Lien
California Supreme Court Provides Rare Update on Inverse Condemnation Doctrine
Bradford B. Kuhn and Willis Hon | Nossaman | August 16, 2019 On August 15, 2019, the California Supreme Court (“Supreme Court”) issued its first inverse condemnation opinion in more than 22 years in the case City of Oroville v. Superior Court of Butte County, Case No. S243247 (“Opinion”). In this unanimous opinion authored by Justice Cuéllar, the… Continue reading California Supreme Court Provides Rare Update on Inverse Condemnation Doctrine