John L. Watkins and Russ Rogers – July 19, 2013 Overview On July 18, 2013, in Taylor Morrison Services, Inc. v. HDI-Gerling Ins. Co., the Supreme Court of Georgia decided two important certified questions from the United States Court of Appeals for the Eleventh Circuit that affirm and expand the rights of property owners and… Continue reading Georgia Supreme Court Rules on Insurance Coverage for Construction Defects
Tag: insurance
California Allows Contractors Formed As LLCs To Access Surplus Lines Carriers
Dennis Rolstad – August 21, 2013 On August 16, 2013, California Governor Jerry Brown signed AB1236, a bill that allows contractors organized as limited liability companies to obtain liability insurance from non-admitted surplus lines carriers. California Business & Professions Code § 7071.19 requires that limited liability companies carry liability insurance. AB1236, sponsored by the Association… Continue reading California Allows Contractors Formed As LLCs To Access Surplus Lines Carriers
A Construction Defect Insurance Carrier Need Only Demonstrate That Another Insurance Carrier’s Policy May Potentially Cover The Claim In Order To Recover Equitable Contribution To A Settlement
Scott E. Hennigh – August 25, 2013 A California Appellate Court recently clarified the burden of proof for an insurance company seeking contribution from another insurance company in settlement of a construction defect action. When a company involved in construction is sued for allegedly causing property damage to the building or structure it built (i.e.… Continue reading A Construction Defect Insurance Carrier Need Only Demonstrate That Another Insurance Carrier’s Policy May Potentially Cover The Claim In Order To Recover Equitable Contribution To A Settlement
California’s Unfair Competition Law Can Provide an Independent Cause of Action Against an Insurance Company
Kenneth Kan – August 21, 2013 Earlier this month, the California Supreme Court issued its highly anticipated decision in the case Zhang v. Superior Court of San Bernardino County.1 The Court addressed the question of whether insurance practices that violate the Unfair Insurance Practices Act (UIPA)2 can support an action based on the Unfair Competition… Continue reading California’s Unfair Competition Law Can Provide an Independent Cause of Action Against an Insurance Company
New Jersey Insurers May Not Be On The Hook For Faulty Workmanship
Ashley Smith – August 19, 2013 New Jersey insureds seeking coverage for negligent repair efforts after SuperStorm Sandy could be out of luck. The Superior Court of New Jersey, Appellate Division, recently found in Margalit v. Woods Restoration Services, LLC and Chubb Insurance Company of New Jersey,1 an exclusion in the insurance policy for “faulty planning,… Continue reading New Jersey Insurers May Not Be On The Hook For Faulty Workmanship