Christopher P. Ferragamo and Alexis P. Joachim | DRI Coverage disputes between insureds and their insurance companies over the scope of the term “suit” and whether insurers are obligated to provide insureds with a defense for quasi-judicial proceedings relating primarily to environmental clean-up actions initiated by state and federal environmental agencies have been waged for decades. The Insurance Services Office (ISO) attempted to end… Continue reading Duty to Defend Pre-Litigation Construction Defect Claims
Tag: Construction Defect Claims
Construction Defect Claims at Common Interest Developments
Alex M. Chazen and Jason Daniel Feld | Kahana & Feld LLP | March 8, 2018 A homeowners’ association (“HOA”) governing common interest developments is subject to a different set of requirements for construction defect claims as opposed to single-family developments. In 1995, the California legislature enacted the Calderon Act (formerly CA Civil Code §1374) which set… Continue reading Construction Defect Claims at Common Interest Developments
Pre-Suit Notice of Construction Defect Claims Constitutes a Suit
Alexandra V. Dattilo | Brouse McDowell | March 1, 2018 Insurers and policyholders continue to debate the age-old question vital to the determination of insurance coverage – what triggers the insurer’s duty to defend? States are complicating this question by enacting various statutes that provide individuals avenues to remedy disputes and claims outside of, or… Continue reading Pre-Suit Notice of Construction Defect Claims Constitutes a Suit
An Insurer’s Duty to Defend is Now Triggered by Pre-Suit Notices Under Florida’s Construction Defect Statute, But Only With an Insurer’s Consent
Gary Brown and Steven Appelbaum | Construction Industry Counselor | January 5, 2018 In a case of first impression that will undoubtedly have significant effects on Florida’s construction and insurance industries, the Florida Supreme Court recently decided that an insurer’s duty to defend under a standard form commercial general liability (CGL) policy was triggered by… Continue reading An Insurer’s Duty to Defend is Now Triggered by Pre-Suit Notices Under Florida’s Construction Defect Statute, But Only With an Insurer’s Consent
Is California’s Right to Repair Statute Really the Exclusive Remedy in Construction Defect Litigation?
Elizabeth D. Beckman | Kramer deBoer & Keane, LLP Approximately fifteen years after California Governor Grey Davis signed into law Senate Bill 800,1 and much related judicial dispute, the California Supreme Court is set to resolve the legal standard for handling of construction defect claims in the matter of McMillan Albany, LLC v. Superior Court.2… Continue reading Is California’s Right to Repair Statute Really the Exclusive Remedy in Construction Defect Litigation?