Tamara Boeck | Ahead of Schedule | November 7, 2018 Although it may seem strange at first, the recent ruling by the California Fourth Appellate District Court in Thee Sombrero, Inc. v. Scottsdale Co., (2018 EL 5292072), holding that an insurer must pay for a claim where there was no actual physical property damage, is not… Continue reading California Court Finds Coverage When “Property Damage” Doesn’t Require Physical Injury By Definition
Tag: california
New California “Construction” Legislation
Richard H. Glucksman, Esq. and Chelsea L. Zwart, Esq. | Chapman Glucksman Dean Roeb & Barger | November 8, 2018 Governor Jerry Brown signed two potentially impactful Senate Bills relating to the construction of apartment buildings late last month. These Bills, discussed further below, were introduced, in part, in response to the Berkeley balcony collapse… Continue reading New California “Construction” Legislation
“Abrupt Falling Down of Building or Part of Building” as Definition of Collapse Found Ambiguous
Tred R. Eyerly | Insurance Law Hawaii | October 10, 2018 The federal district court predicted the California Supreme Court would find the definition of collapse, calling for the abrupt falling down or caving in of a building or part of a building, to be ambiguous. Hoban v. Nova Cas. Co., 2018 U.S. Dist. LEXIS 139116… Continue reading “Abrupt Falling Down of Building or Part of Building” as Definition of Collapse Found Ambiguous
Teaching An Old Dog New Tricks: The Spearin Doctrine and Design-Build Projects
John Castro | Gordon Rees Scully Mansukhani | October 5, 2018 The United States District Court for the Southern District of California has now held that the Spearin doctrine applies to design-build subcontractors where the subcontractor is expected to design a portion of their work. The case is United States for the use and benefit of Bonita Pipeline,… Continue reading Teaching An Old Dog New Tricks: The Spearin Doctrine and Design-Build Projects
California Court Holds No Coverage Under Pollution Policy for Structural Improvements
Brian Margolies | Traub Lieberman Straus & Shrewsberry | September 13, 2018 In its recent decision in Essex Walnut Owner L.P. v. Aspen Specialty Ins. Co., 2018 U.S. Dist. LEXIS 138276 (N.D. Cal. Aug. 15, 2018), the United States District Court for the Northern District of California had occasion to consider the issue of a pollution… Continue reading California Court Holds No Coverage Under Pollution Policy for Structural Improvements