Tred R. Eyerly | Insurance Law Hawaii The California Supreme Court held that the policy’s suit limitation of one year, consistent with the statute requiring suit be file within twelve months after a loss, did not apply to claims alleging violation of the state’s unfair competition law (UCL). Rosenberg-Wohl v. State Farm Fire and… Continue reading Policy’s One Year Suit Limitation Does Not Apply to Challenging the Insurer’s Claims Handling
Tag: california
General Contractor Gets Fired [Upon] for Subcontractor’s Failure to Hire Apprentices
Garret Murai | California Construction Law Blog As most public works contractors know, Labor Code section 1777.5 requires the hiring of apprentices on public works projects and, under Labor Code section 1777.7, violations are subject to civil penalties of up $100/day and up to $300/day days for repeated violations within a three-year period. In Lusardi Construction… Continue reading General Contractor Gets Fired [Upon] for Subcontractor’s Failure to Hire Apprentices
California Supreme Court Finds Vertical Exhaustion Applies to First-Level Excess Policies
Tred R. Eyerly | Insurance Law Hawaii Addressing issues left open in its seminal decision in Montrose, the California Supreme Court found that the language in the first-level excess policies meant that the insured could access the policies upon exhaustion of the directly underlying policies purchased for the same policy period. Truck Ins. Exchange v.… Continue reading California Supreme Court Finds Vertical Exhaustion Applies to First-Level Excess Policies
Standard Contract Waiver Analysis Applies To Arbitration Agreements
Clara Rademacher and Joshua Rodine | Seyfarth Seyfarth Synopsis: The California Supreme Court reaffirmed that arbitration agreements are on equal footing with other types of contracts. Therefore, a court should apply the same principles that apply to other contracts to determine whether the party seeking to enforce an arbitration agreement has waived its right to… Continue reading Standard Contract Waiver Analysis Applies To Arbitration Agreements
Mechanics Lien Upheld Despite Lack of Notice to Senior Construction Lender
John Mark Goodman | BuildSmart In an unpublished opinion, a California appeals court has upheld a subcontractor’s mechanics lien claim despite the subcontractor’s failure to strictly follow the procedural requirements set forth in the mechanics lien statute (see Ram Concrete v. Montecito, 2024 WL 1879352 (Cal. Ct. Appeal)). In Ram Concrete, the trial court entered judgment for… Continue reading Mechanics Lien Upheld Despite Lack of Notice to Senior Construction Lender