Caitlin N. Rabiyan | SDV Insights The California federal district court case of KB Home v. Illinois Union Insurance Co., No. 8:20-cv-00278-JLS-JDE, (C.D. Cal. August 23, 2022), provides much needed guidance for cases involving builder’s risk insurance claims for soft cost coverage. The case stems from damage to several of KB Home’s residential building sites caused… Continue reading California Expands on Scope of Coverage for Soft Cost Claims
Tag: california
“Notice of Cancellation” Meets California Requirements for Notice of Rescission
Thomas Benjamin Boley | Wiley Rein A California federal court has held a “Notice of Cancellation” was sufficient to meet the substantive requirements of rescission in California, where the notice informed the insured of misrepresentations on the application and was accompanied by a return premium. Clear Blue Specialty Ins. Co. v. Ozy Media, Inc., 2022 WL… Continue reading “Notice of Cancellation” Meets California Requirements for Notice of Rescission
New California Time-Limited Demand Statute for Insurance Claims Effective Now
Chad W. Dunham | PropertyCasualtyFocus In an effort to promote early resolution of claims and remove ambiguity in bad faith litigation, the California legislature recently passed Senate Bill 1155. Effective January 1, 2023, the bill creates California Code of Civil Procedure Section 999 et seq., a set of rules detailing form requirements for time-limited demands, demand… Continue reading New California Time-Limited Demand Statute for Insurance Claims Effective Now
California Law Creates Statutory Safe Harbor for Certain Insurers Receiving Time-Limited Pre-Litigation Settlement Demands
Jennifer Mathis, Kevin F. Kieffer, Carrie E. Paulsen and Dane Brody Chanove | Troutman Pepper A new California statute effective January 1, 2023 contains requirements for claimants and insurers alike when claimants issue pre-litigation time-sensitive settlement demands under automobile, motor vehicle, homeowner, or commercial premises liability insurance policies for claims alleging personal or bodily injury,… Continue reading California Law Creates Statutory Safe Harbor for Certain Insurers Receiving Time-Limited Pre-Litigation Settlement Demands
Prevailing Payment Bond Surety Entitled to Statutory Attorneys’ Fees Even if Defended by Principal
Garret Murai | California Construction Law Blog For contractors involved in California public works projects the scenario is not uncommon: The general contractor awarded the public works project is required to obtain a payment bond for the benefit of subcontractors and suppliers and the payment bond surety issuing the payment bond requires the general contractor… Continue reading Prevailing Payment Bond Surety Entitled to Statutory Attorneys’ Fees Even if Defended by Principal