Garret Murai | California Construction Law Blog | June 5, 2017 Indemnity provisions are one of the most fought over provisions in design and construction contracts. But while parties generally understand the intent behind indemnity provisions — that one party (the “indemnitor”) agrees to indemnify (and often defend as well) another party (the “indemnitee”) from… Continue reading Indemnitor Owes Indemnity Even Where Indemnitee is Actively Negligent, California Court Holds
Month: June 2017
Repair Cost Exceeding Actual Cash Value Does Not Establish “Total Loss” Under Fire Insurance Policy
Christopher Kendrick and Valerie A. Moore | Haight Brown & Bonesteel LLP | May 31, 2017 In California FAIR Plan Assn. v. Garnes (No. A143190, filed 5/26/17), a California appeals court ruled that “total loss” under Insurance Code section 2051 refers to physical damage or loss, not the economic fact that the cost of repair exceeds the… Continue reading Repair Cost Exceeding Actual Cash Value Does Not Establish “Total Loss” Under Fire Insurance Policy
Three Things to Consider Before Terminating Your Construction Contract
Joshua M. Pellant | Faegre Baker Daniels | June 5, 2017 The design and construction process is extraordinarily complex, and it rarely proceeds as planned and almost never conforms strictly to the contract documents. These documents often include hundreds of pages of general and special conditions, hundreds of drawing sheets, and thousands of pages of… Continue reading Three Things to Consider Before Terminating Your Construction Contract
Top Five Strategies for Managing Construction Risks
Michael Gibbons | Lowndes, Drosdick, Doster, Kantor & Reed, PA | June 2, 2017 Construction is a risky business. During construction, claims for personal injury, property damage and economic losses are foreseeable and must be managed. After completion of construction, warranty claims and claims for latent defects are proliferating. Owners, developers and contractors must proactively… Continue reading Top Five Strategies for Managing Construction Risks
Insurers Cannot Rely on Rescission if They Fail to Inquire and Investigate Insureds Before Claims
Kevin Pollack | Property Insurance Coverage Law Blog | June 6, 2017 After a claim is made, and despite the obligation to objectively, fairly, and reasonably investigate a claim with an eye toward providing coverage and without putting the insurance company’s interests ahead of their insured’s, some insurers actively look for ways to deny coverage. One of… Continue reading Insurers Cannot Rely on Rescission if They Fail to Inquire and Investigate Insureds Before Claims