Dina R. Richman | Property Insurance Law Observer | January 27, 2017 In 2011, the California Insurance Commissioner promulgated a regulation governing replacement cost estimates for homeowners insurance (Cal. Code Regs., tit. 10, §2695.183 [the Regulation]). After the trial court and intermediate court of appeal invalidated the Regulation, this week the California Supreme Court reversed those… Continue reading California Supreme Court Upholds Replacement Cost Estimate Regulation (For Now)
Tag: california
Insurer Must Defend Where Possible Continuing Property Damage Occurred
Tred R. Eyerly | Insurance Law Hawaii | January 11, 2017 The California Court of Appeal overturned the trial court’s issuance of summary judgment based upon the possibility of continuing property damage during the insurer’s policy period. Tidwell Enters. v. Fin. Pac. Ins. Co., 2016 Cal. App. LEXIS 1038 (Cal. Ct. App. Nov. 29, 2016).… Continue reading Insurer Must Defend Where Possible Continuing Property Damage Occurred
Court Finds No Occurrence for Installation of Defective Flooring and Explains Coverage for Attorney Fee Awards
Christopher Kendrick and Valerie A. Moore | Haight Brown & Bonsteel | December 29, 2016 In Navigators Specialty Ins. Co. v. Moorefield Const. (No.G050759, filed 12/27/16), a California appeals court held that the knowing installation of flooring over a vapor-emitting slab was not an accident or occurrence, entitling the insurer to reimbursement of money paid… Continue reading Court Finds No Occurrence for Installation of Defective Flooring and Explains Coverage for Attorney Fee Awards
Construction Injuries Under the Privette Doctrine. An Electrifying, but Perhaps Not Particularly Shocking, Story . . .
Garret Murai | California Construction Law Blog | January 3, 2017 We’ve talked about the Privette doctrine before (see here, here, and here). The Privette doctrine, named after the court case Privette v. Superior Court (1993) 5 Cal.4th 689, provides in general that project owners and contractors are not responsible for worksite injuries suffered by employees of lower-tiered contractors they have… Continue reading Construction Injuries Under the Privette Doctrine. An Electrifying, but Perhaps Not Particularly Shocking, Story . . .
After Sixty Years, Subcontractors are Back in the Driver’s Seat in Bidding on California Construction Projects
William L Porter | Porter Law Group | September 2016 For almost the last sixty years, the standard for bidding on California construction projects has been governed by the landmark case of Drennan v. Star Paving (1958) 51 Cal.2d 409; which generally states that the contractor bidding to perform work for a project owner is… Continue reading After Sixty Years, Subcontractors are Back in the Driver’s Seat in Bidding on California Construction Projects