New York High Court Declines to Extend Coverage to Additional Insured who was the Sole Cause of the Accident Giving Rise to the Claim

Author: James E. Sell

August 10, 2017 2:09pm

Requiring a subcontractor to name an owner and prime contractor as “additional insureds” under the subcontractor’s liability policy is a common method to transfer risk on a construction project. When a subcontractor comes onto a project, an owner and prime contractor are potentially exposed to liability risks for that subcontractor’s negligence and additional insured endorsements represent a way to apportion these risks. The…

Builder Must Respond To Notice Of Claim Within Statutory Time Frame As Required In California’s Civil Code

Author: David Ramirez

August 10, 2017 1:58pm

Recently, in Blanchette v. Superior Court, (2017) 8 Cal.App.5th 521, California’s Fourth District Court of Appeal held that if a builder fails to acknowledge receipt of a homeowner’s Notice of Claim within 14 days, as required by the Right to Repair Act (“SB800”), specifically California Civil Code §913, the homeowner is released from the requirements of SB800 and may proceed with the filing of a lawsuit.

Damage to an Underground Storage Tank is Not a Covered Risk

Author: David Ramirez

August 10, 2017 1:56pm

In the recent decision entitled Tustin Field Gas & Food v. Mid-Century Ins. Co. (2017 WL 2839139) the Second District Court of Appeals ruled a split in an underground storage tank, caused by the tank sitting on a rock for years, was not a covered “collapse” as a matter of law.

Attorney-Client Privilege Extends to Communications Between a Homeowner Association’s Counsel and Individual Homeowners at Litigation Update Meetings

Author: David Ramirez, Patrick Mendes, Robert Tyson

May 29, 2014 5:56pm

Plaintiff Seahaus La Jolla Homeowners Association (“Association”) sued La Jolla View Ltd., LLC, et. al. and Webcor Construction L.P. , the developers and builders (collectively referred to as “Defendants”) of a common interest development, claiming construction defects alleging water and other damages to the common areas of the common interest development and individual units.

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