Amanda Ellison, Tara Kowalski, Peter Laun, Brian McDonald and Elijah Stone | Jones Day In Short The Decision: In a recent decision, the California Supreme Court reaffirmed a policyholder’s right to reach excess liability coverage by providing key guidance as to the proper exhaustion method for continuous injury claims spanning multiple policy periods. The Holding:… Continue reading California Supreme Court: CGL Policies Permit “Vertical Exhaustion” for Long-tail Continuous Injuries
Month: July 2024
California Supreme Court Confirms Vertical Exhaustion Rule Applies Before Depletion of All Primary Coverage
Samrah Mahmoud, Steven D. Allison, Zach Kobokovich and Michael Cassata | Troutman Pepper On June 7, the California Supreme Court issued an important opinion clarifying the circumstances under which an insured may trigger coverage under an excess policy in relation to a loss spanning multiple policy periods. This opinion settles an important question left open… Continue reading California Supreme Court Confirms Vertical Exhaustion Rule Applies Before Depletion of All Primary Coverage
New State Law Regarding Unsolicited Proposals Prompts Changes in Local Government Codes
Lucas Pizzutti | Bilzin Sumberg On June 12, 2024, the City of Miami Gardens passed an ordinance that updates its municipal code to reflect new processes for unsolicited proposals and Public-Private Partnerships (“P3”) now allowed by statute. As we have mentioned in a previous blog post, the Florida legislature recently passed HB 781, a bill that sets out new… Continue reading New State Law Regarding Unsolicited Proposals Prompts Changes in Local Government Codes
Louisiana Adopts Two-Year Statute of Limitations for Tort Claims
Jake P. Skaggs | Cozen O’Connor One of the more unique aspects of Louisiana law was its 1-year statute of limitations (liberative prescription) for tort claims.1 The one-year time period to file a lawsuit was stress-inducing for plaintiffs, particularly in complex matters that involved multiple parties and extensive investigation. The new Act provides: ART. 3493.11. Delictual… Continue reading Louisiana Adopts Two-Year Statute of Limitations for Tort Claims
What to Consider When Analyzing Dispute Resolution Provisions
Mario Nicholas | Stoel Rives Many owners, contractors, and design professionals take a “boilerplate” approach to dispute resolution provisions and don’t consider the risks specific to the project at issue. Parties also often wait until an actual dispute arises before closely analyzing dispute resolution provisions. To avoid pitfalls and mitigate risk, consider the following issues… Continue reading What to Consider When Analyzing Dispute Resolution Provisions