Tracy D. Forbath | Lewis Brisbois Bisgaard & Smith In Gonzalez v. Mathis (Aug. 19, 2021, S247677) __ Cal.5th___, the California Supreme Court reversed an appellate decision holding that a landowner may be liable to an independent contractor, or the contractor’s workers, for injuries resulting from “known hazards,” as running contrary to the Privette doctrine. In Gonzalez, the contractor, who… Continue reading California Supreme Court Declines to Create Exception to Privette Doctrine for “Known Hazards”
Month: September 2021
Value Engineering Construction Arbitration: Designing A Better Process And Techniques Arbitrators Can Use To Help Parties Reach A Faster, More Cost-Effective Resolution
Laura C. Abrahamson | JAMS The rapid growth of construction arbitration over the last 20 years is a testament to its advantages over traditional litigation: speed, cost and flexibility. But as parties submit larger and more sophisticated disputes, they are looking for ways to ensure the process can still provide those advantages. Before joining JAMS,… Continue reading Value Engineering Construction Arbitration: Designing A Better Process And Techniques Arbitrators Can Use To Help Parties Reach A Faster, More Cost-Effective Resolution
Eleventh Circuit Finds No “Property Damage” Where Defective Component Failed to Cause Damage to Other Non-Defective Components
Margo Meta and Anthony Miscioscia | White and Williams In Florida, damage caused by faulty workmanship constitutes “property damage;” however, the cost of repairing or removing defective work does not. Amerisure Mutual Insurance Company v. Auchter Company, 673 F.3d 1294 (11th Cir. 2012) (Auchter). But what happens when the cost of repairing or removing defective work results… Continue reading Eleventh Circuit Finds No “Property Damage” Where Defective Component Failed to Cause Damage to Other Non-Defective Components
Montana Federal Court Holds that Notice-Prejudice Rule Does Not Apply to Claims-Made Policy
Mary Weaver | Wiley Rein A Montana federal court has held that the notice-prejudice rule is inapplicable to claims-made policies as a matter of Montana law. Hanover Ins. Grp. v. Aspen Am. Ins. Co., 2021 WL 3769324 (D. Mont. Aug. 23, 2021). The court held that no coverage was available under either of two claims-made policies… Continue reading Montana Federal Court Holds that Notice-Prejudice Rule Does Not Apply to Claims-Made Policy
Insured Versus Insured Exclusion Does Not Bar Coverage for Claims Brought by Member of Insured LLC
Katelyn Cramp | Wiley Rein Applying Washington law, a federal district court has held that an insured versus insured exclusion does not bar coverage for claims asserted by a member of an insured limited liability company. Starr Indem. & Liab. Co. v. Point Ruston LLC, 2021 WL 3630511 (W.D. Wash. Aug. 17, 2021). The court also… Continue reading Insured Versus Insured Exclusion Does Not Bar Coverage for Claims Brought by Member of Insured LLC