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?
Month: January 2016
Federal Court in Florida Holds Liability Policy Covers Ongoing Damage to Defective and Non-Defective Property
George B. Hall, Jr. | Phelps Dunbar LLP | December 30, 2015 A federal court in Florida held that a CGL policy provided coverage for the complete replacement of subcontractors’ defective work causing ongoing damage to non-defective property. Pavarani Construction Co. v. Ace Am. Ins. Co., 2015 WL 6555434 (S.D. Fla. Oct. 29, 2015). The insured,… Continue reading Federal Court in Florida Holds Liability Policy Covers Ongoing Damage to Defective and Non-Defective Property
The Dark Side of Claim “Best Practices”
Kevin Quinley, CPCU | Claims Magazine | January 2016 Don’t look now, but best practices are the rage. Every insurance company, third-party claims administrator and independent adjusting company seems to embrace best practices to differentiate themselves from competitors. Marketing factors spur the trend too, as companies tout their own best practices to separate themselves from… Continue reading The Dark Side of Claim “Best Practices”
Coverage Found for Faulty Workmanship Damaging Other Property
Tred R. Eyerly | Insurance Law Hawaii | January 4, 2016 The district court found that under Illinois law, the damage caused by the insured’s faulty workmanship to portions of building beyond the scope of its own work was covered under a CGL policy. Westfield Ins. Co. v. Nat’l Decorating Serv., 2015 U.S. Dist. LEXS 159140… Continue reading Coverage Found for Faulty Workmanship Damaging Other Property
Differing Site Conditions Claim Fails in Washington State
Meredith C. Eilers | Bernstein Shur Sawyer & Nelson PA | December 29, 2015 A recent decision from an appeals court in Washington State is a reminder of the difficulties in proving a differing site conditions claim, and the importance of contract documents in asserting that claim. In King County v. Vinci Construction Grands Projets, — P.3d… Continue reading Differing Site Conditions Claim Fails in Washington State