Brad Vornholt and Joelle Nelson | Lewis Brisbois In Gonzalez v. Mathis (August 19, 2021) 12 Cal. 5th 29, the California Supreme Court considered whether to create a third exception to the Privette Doctrine specific to known hazards on a worksite, when a contractor cannot remedy the hazard by taking reasonable safety precautions to protect against it. Privette Background Under… Continue reading California Supreme Court Rejects Third Exception to Privette Doctrine
Tag: california
California Appellate Court Rules That Mistakenly Grading The Wrong Land Is Not An Accident
Jared De Jong and Scott S. Thomas | Payne & Fears In a decision that further muddies the already murky waters of “occurrence” jurisprudence, the California Court of Appeal has ruled that a general liability policy does not cover a homeowner who mistakenly grades the wrong piece of land because the act of grading land… Continue reading California Appellate Court Rules That Mistakenly Grading The Wrong Land Is Not An Accident
Want to File a Mechanics’ Lien in California? Here’s What You Can (and Can’t) Include
E. Mabry Rogers, Michael Knapp and Zachary Stewart | Buildsmart How can a contractor, subcontractor, or supplier secure payment for its work? One solution is to file a mechanics’ lien against a project’s property. Lien laws vary widely from state to state and time to time because contractors and subcontractors frequently seek to change them… Continue reading Want to File a Mechanics’ Lien in California? Here’s What You Can (and Can’t) Include
Intentional Act Without Intent to Harm May Not Be an Occurrence
Alycen A. Moss, Elliot Kerzner and Teri Mae Rutledge | Cozen O’Connor An intentional act may not be an “occurrence” even when there is no intent to cause harm, according to a California appellate court’s recent ruling in Ghukasian v. Aegis Security Insurance Co.1 Ghukasian involved an insured who hired contractors to level land and clear trees on… Continue reading Intentional Act Without Intent to Harm May Not Be an Occurrence
Lead Paint Coverage Claim Bites The Dust
Gina M. Foran, William Baron and Philip Matthews | Duane Morris Duane Morris lawyers helped secure a victory at the California Court of Appeal when the court held Tuesday that ConAgra’s insurers have no duty to indemnify ConAgra against a public nuisance action in which ConAgra was ordered to contribute to an abatement fund due… Continue reading Lead Paint Coverage Claim Bites The Dust