Garret Murai | California Construction Law Blog | March 4, 2019 The enforcement statutes applicable to the California Contractors’ State License Board aren’t exactly models in clarity. A few examples: Business and Professions Code Section 7107: Abandonment without legal excuse of any construction project or operation engaged in or undertaken by the license as a contractor… Continue reading When is a “Willful” Violation Willful (or Not) Under California’s Contractor Enforcement Statutes?
Month: April 2019
Are There Ethical Conduct Standards Between Public Adjusters and Independent or Company Adjusters?
Chip Merlin | Property Insurance Coverage Law Blog | April 18, 2019 An excellent and successful insurance company defense attorney, Bill Berk and I were on a panel presentation at the 2019 Windstorm Insurance Conference earlier this year. Berk reminded the audience of adjusters that under Florida law, they should not be saying or implying… Continue reading Are There Ethical Conduct Standards Between Public Adjusters and Independent or Company Adjusters?
Alarm Cries Wolf in California Case Involving Privette Doctrine
Garret Murai | California Construction Law Blog | April 17, 2019 It’s one of the most quoted phrases in legal history: “Shouting fire in a [crowded] theater.” It comes from the U.S. Supreme Court’s landmark 1919 decision in Schenck v. U.S. and has come to stand for the proposition that not all speech, in particular dangerous speech, is… Continue reading Alarm Cries Wolf in California Case Involving Privette Doctrine
Can Labor Be Depreciated When Considering Actual Cash Value?
Chip Merlin | Property Insurance Coverage Law Blog | April 16, 2019 In an opinion issued yesterday, the Tennessee Supreme Court held that labor cannot be depreciated when considering actual cash value.1 Merlin Law Group participated in this victory for policyholders by writing an amicus curiae brief on behalf of United Policyholders. The court’s conclusion and rationale for it is straight forward:… Continue reading Can Labor Be Depreciated When Considering Actual Cash Value?
When Can You Ask for Reformation?
Daniel Veroff | Property Insurance Coverage Law Blog | March 31, 2019 Everyone in the insurance industry has heard the term reformation, but it is often misunderstood. In California (and elsewhere), the legal right to reformation originated over a century ago when we still had separate courts of “law” and “equity.” Reformation was a creature of… Continue reading When Can You Ask for Reformation?