Kevin Pollack | Property Insurance Coverage Law Blog | April 26, 2016 In a key win for policyholders in California, a California state court trial judge recently found that insurers must consider the actual condition of personal property at the time of a loss when determining the property’s actual cash value. The case arose from… Continue reading Depreciation of Property to Determine Actual Cash Value is Different in California
Tag: california
Is California Law Bad Faith Law Changing Due to Jury Instructions?
Denise Sze | Property Insurance Coverage Law Blog | March 10, 2016 In California, when it comes to insurance bad faith litigation we usually think of first party bad faith where an insurer owes a duty to its own insured. In fact, third party bad faith is barely recognized except where the third party insurer… Continue reading Is California Law Bad Faith Law Changing Due to Jury Instructions?
Is SB 800 Still a Thing?
Elizabeth D. Beckman | Kramer deBoer & Keane, LLP A recent opinion by the California Fifth District Court of Appeal shows that California’s “Right to Repair Act,” or SB 800, may not be quite as dead in the water as previously thought. In a twenty-page opinion, the Court took great offense with the Fourth District’s… Continue reading Is SB 800 Still a Thing?
#1 – The CA Supreme Court Grants Petition for Review of McMillin Albany LLC v. Super Ct. 2015 F069370 (Cal.App.5 Dist.) As to Whether the Right to Repair Act SB 800 is the Exclusive Remedy for All Defect Claims Arising Out of New Residential Construction
Richard H. glucksman, Esq., Glenn T. Barger, Esq., Jon A. Turigliatto, Esq. and David A. Napper, Esq. | Chapman Glucksman Dean Roeb & Barger Bulletin | December 2, 2015 As anticipated in a prior CGDRB 2015 Bulletin that discussed the Fifth Appellate District Court’s noteworthy opinion in McMillin Albany LLC v. Super Ct. 2015 F069370… Continue reading #1 – The CA Supreme Court Grants Petition for Review of McMillin Albany LLC v. Super Ct. 2015 F069370 (Cal.App.5 Dist.) As to Whether the Right to Repair Act SB 800 is the Exclusive Remedy for All Defect Claims Arising Out of New Residential Construction
#4 – Court of Appeal Opens Pandora’s Box on Definition of “Contractor” for Forum Selection Clauses
David A. Harris and Abigail e. Lighthart | Haight Brown & Bonesteel LLP | September 30, 2015 In Vita Planning and Landscape Architecture, Inc. v. HKS Architects, Inc. (“Vita Planning”), the First Appellate District held California’s Code of Civil Procedure section 410.42 (“Section 410.42”) which prohibits an out-of-state contractor from requiring a California subcontractor to… Continue reading #4 – Court of Appeal Opens Pandora’s Box on Definition of “Contractor” for Forum Selection Clauses