Alexander G. Thrasher and Heather Howell Wright | Buildsmart Michigan has joined the majority of jurisdictions in holding that a general liability policy may provide coverage for claims for property damage allegedly caused by the defective work of a subcontractor. In a unanimous decision reversing the Michigan Court of Appeals, the Michigan Supreme Court held… Continue reading Coverage for Defective Work? Michigan Joins Majority
Month: August 2020
Advantages of Arbitration for Resolving Construction Disputes in Light of COVID-19
Emily Hermreck | Nuts & Bolts The COVID-19 pandemic has had significant impacts on the U.S. state and federal court systems and has delayed the progression of cases awaiting trial. While many courts have remained “open,” they have considerably modified operations and procedures to ensure the safety of court personnel, attorneys, and jurors. Perhaps the… Continue reading Advantages of Arbitration for Resolving Construction Disputes in Light of COVID-19
Colorado Legislative Update: HB 20-1155, HB 20-1290, and HB 20-1348
Jean Meyer | Colorado Construction Litigation This year’s Colorado State Legislative session was cut short. However, in the period of time Colorado’s Legislature was in session, it passed and evaluated important legislation for Colorado homebuilders. This article highlights relevant legislation for Colorado homebuilders. 1. HB 20-1155 This Bill creates new requirements on new homebuilders to offer renewable energy… Continue reading Colorado Legislative Update: HB 20-1155, HB 20-1290, and HB 20-1348
Genuine Dispute Summary Judgment Reversed for Abuse of Discretion and Trial of Fact Questions About Expert Opinions
Christopher Kendrick and Valerie A. Moore | Haight Brown & Bonesteel In Fadeeff v. State Farm General Ins. Co. (No. A155691, filed 5/22/20 ord. pub. 6/8/20), a California appeals court held that triable issues of fact and the trial court’s failure to address a request for a continuance precluded summary judgment for an insurer under the genuine… Continue reading Genuine Dispute Summary Judgment Reversed for Abuse of Discretion and Trial of Fact Questions About Expert Opinions
Appeals Court Rules that Vertical and Not Horizontal Exhaustion Applies to Primary and First-Layer Excess Insurance
Christopher Kendrick and Valerie Moore | Haight Brown & Bonesteel In Santa Fe Braun v. Ins. Co. of North America (No. A151428, filed 7/13/20), a California appeals court relied on Montrose Chemical Corp. of California v. Superior Court (2020) 9 Cal.5th 215 (Montrose III), to hold that absent express policy wording to the contrary, horizontal exhaustion of all primary… Continue reading Appeals Court Rules that Vertical and Not Horizontal Exhaustion Applies to Primary and First-Layer Excess Insurance