William L. Porter | Porter Law Group Many contractors and owners believe that if they hire an independent contractor to perform work and that independent contractor causes injury to others during the performance of that work, then it is the independent contractor alone who will be liable for those injuries. In most circumstances, this is… Continue reading Owners and Contractors are Liable for Injuries Caused by their Independent Contractors under the “Peculiar Risk Doctrine”
Tag: california
Policy’s One Year Suit Limitation Does Not Apply to Challenging the Insurer’s Claims Handling
Tred R. Eyerly | Insurance Law Hawaii The California Supreme Court held that the policy’s suit limitation of one year, consistent with the statute requiring suit be file within twelve months after a loss, did not apply to claims alleging violation of the state’s unfair competition law (UCL). Rosenberg-Wohl v. State Farm Fire and… Continue reading Policy’s One Year Suit Limitation Does Not Apply to Challenging the Insurer’s Claims Handling
General Contractor Gets Fired [Upon] for Subcontractor’s Failure to Hire Apprentices
Garret Murai | California Construction Law Blog As most public works contractors know, Labor Code section 1777.5 requires the hiring of apprentices on public works projects and, under Labor Code section 1777.7, violations are subject to civil penalties of up $100/day and up to $300/day days for repeated violations within a three-year period. In Lusardi Construction… Continue reading General Contractor Gets Fired [Upon] for Subcontractor’s Failure to Hire Apprentices
California Supreme Court Finds Vertical Exhaustion Applies to First-Level Excess Policies
Tred R. Eyerly | Insurance Law Hawaii Addressing issues left open in its seminal decision in Montrose, the California Supreme Court found that the language in the first-level excess policies meant that the insured could access the policies upon exhaustion of the directly underlying policies purchased for the same policy period. Truck Ins. Exchange v.… Continue reading California Supreme Court Finds Vertical Exhaustion Applies to First-Level Excess Policies
Standard Contract Waiver Analysis Applies To Arbitration Agreements
Clara Rademacher and Joshua Rodine | Seyfarth Seyfarth Synopsis: The California Supreme Court reaffirmed that arbitration agreements are on equal footing with other types of contracts. Therefore, a court should apply the same principles that apply to other contracts to determine whether the party seeking to enforce an arbitration agreement has waived its right to… Continue reading Standard Contract Waiver Analysis Applies To Arbitration Agreements