Happenings in and around the 2015 West Coast Casualty Seminar
May 07, 2015 —
Beverley BevenFlorez-CDJ STAFFWest Coast Casualty Construction Defect Seminar returns to the Disneyland Hotel next week (May 14th and 15th), and the Construction Defect Journal has compiled a list of concerts, sporting events, and museum exhibitions taking place in and around Anaheim. Whether you like to spend your personal time checking out a new band, or watching your favorite Angel slide into home, or perusing the local art museum, there is something to spark your interest.
CONCERT VENUES
THE HOUSE OF BLUES IN ANAHEIM
Located in Downtown Disney, The House of Blues in Anaheim is a short walk from the convention hall.
Live Band Karaoke
Wednesday, May 13th Starting at 10pm
No Cover
For More Information...
Rockin’ The Blues with Griff Hamlin
Thursday, May 14th at 10pm
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Tyrone Wells
Saturday, May 16th at 7pm
For More Information and to Purchase Tickets...
THE GROVE OF ANAHEIM
Near Angel Stadium, the Grove of Anaheim is just a few miles away from the seminar location.
Ministry
Monday, May 11th Doors Open at 7pm / Show Begins at 8pm
For More Information and to Purchase Tickets...
Kamelot plus Special Guest Dragonforce
Friday, May 15th Doors Open at 7pm / Show Begins at 8pm
For More Information and to Purchase Tickets...
CHAIN REACTION
Attendees can escape to this all-ages club that’s just a ten minute drive from the Disneyland Hotel.
Ice Nine Kills
Wednesday, May 13th at 7pm
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Warped Tour Battle of the Bands
Thursday, May 14th at 7pm
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Manifest Presents
Saturday, May 16th at 7pm
For More Information and to Purchase Tickets...
SPORTING EVENTS
ANGEL’S STADIUM – BASEBALL
Take care of your popcorn-and-peanuts-and-cracker-jacks fix while cheering for the Angel’s—conveniently just a few miles from the Disneyland Hotel.
Angels v. Colorado Rockies
Tuesday, May 12th at 7:05pm
Wednesday, May 13th at 7:05pm
For More Information and to Purchase Tickets...
MUSEUM EXHIBITIONS
MUZEO
This local museum and cultural center is a short drive from the convention hall.
Cougars and Grizzlies: Sharing their Path
April 18, 2015-September 13th, 2015
Museum Days/Hours: Tuesday – Sunday (Closed Mondays) / 10 am to 5 pm
For More Information and to Purchase Tickets...
BOWERS MUSEUM (Santa Ana)
Voted “The Best Museum in Orange County” by OC Register Readers for 16 consecutive years, this arts and cultural center is worth the fifteen minute drive.
Qi Baishi: China’s Modern Master
April 11th, 2015-July 11th, 2015
Museum Days/Hours: Tuesday – Sunday (Closed Mondays) / 10 am to 4 pm
For More Information and to Purchase Tickets...
Where Ends Meet: A Retrospective of Works by Nancy Ravenhall Johnson
March 13th, 2015-August 16th, 2015
Museum Days/Hours: Tuesday – Sunday (Closed Mondays) / 10 am to 4 pm
For More Information and to Purchase Tickets...
Exhibition: Adams, Curtis, and Weston: Photographers of the American West
May 16th, 2015-November 29th, 2015
Museum Days/Hours: Tuesday – Sunday (Closed Mondays) / 10 am to 4 pm
For More Information and to Purchase Tickets...
Lecture: Adams, Curtis, and Weston: Photographers of the American West
Saturday, May 16th from 1:30pm to 2:30pm
For More Information and to Purchase Tickets...
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Housing Sales Hurt as Fewer Immigrants Chase Owner Dream
July 01, 2014 —
Kathleen M. Howley – BloombergAfter decades of factory shutdowns and population loss, the city of Dayton, Ohio, has found a fix for its housing market hard-hit by foreclosures -- immigration.
The rust-belt city of 140,000 has been encouraging immigrants from Mexico, Nigeria and Turkey to move there since 2011, after its population hit a 90-year low, by offering to help with resettlement and starting businesses. Dayton’s foreign population grew and so did its housing sales, rising last year at almost twice the national rate.
As the housing recovery nationwide sputters, the story of Dayton reveals a reason why: the U.S. market is missing the sales jolt provided by immigration. Last year, the number of immigrants granted U.S. residency -- typically a requirement to get a mortgage -- hit a nine-year low, according to government data. Immigrants, deterred by a weak American labor market since 2008, aren’t likely to get encouragement from Congress, where support for a reform bill has mostly evaporated.
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Kathleen M. Howley, BloombergMs. Howley may be contacted at
kmhowley@bloomberg.net
Parties Can Agree to Anything In A Settlement Agreement………Or Can They?
October 17, 2023 —
Alexa Stephenson & Ivette Kincaid - Kahana FeldA settlement agreement is a contract. When parties to pending litigation enter into a settlement, they enter into a contract. Such a contract is subject to the general law governing all contracts. (T. M. Cobb Co. v. Superior Court (1984) 36 Cal.3d 273, 280 [204 Cal. Rptr. 143, 682 P.2d 338] [offers by a party to compromise under Code Civ. Proc., § 998].) Courts seek to interpret contracts in a manner that will render them “lawful, operative, definite, reasonable, and capable of being carried into effect’” without violating the intent of the parties. (Robbins v. Pacific Eastern Corp. (1937) 8 Cal.2d 241, 272–273; Kaufman v. Goldman, (2011) 195 Cal. App. 4th 734, 745.
A settlement agreement like a contract is a document that is typically negotiated between the parties to the agreement and it is up to the parties to determine its terms. Settlements take time and sometimes negotiating the settlement terms takes longer. This is especially true in complex litigation and multiparty matters where negotiating the settlement terms is just as contentious as litigating the matter. Just like contracts, in a settlement agreement the parties cannot agree to terms that violate public policy. A contract is thought to be against public policy if it results in a breach of law, harms citizens, or causes injury to the state. Contracts that are voided on public policy grounds carry no legal obligations. For example, an employer cannot force an employee to sign a contract that forbids the worker from joining a union.
Reprinted courtesy of
Alexa Stephenson, Kahana Feld and
Ivette Kincaid, Kahana Feld
Ms. Stephenson may be contacted at astephenson@kahanafeld.com
Ms. Kincaid may be contacted at ikincaid@kahanafeld.com
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Skipping Depositions does not Constitute Failure to Cooperate in New York
March 09, 2020 —
Ryan G. Nelson - Saxe Doernberger & VitaInsurance policies typically impose, on the insured, a duty to cooperate with the insurer during investigation and litigation of a claim. Non-cooperation can be grounds for denying coverage. This begs the question: what constitutes non-cooperation?
Recently, a New York appellate court affirmed a trial court’s decision that failure by an employee of the insured to show up for three court-ordered depositions did not rise to the level of “willful and avowed obstruction” and therefore, the insurer could not deny coverage on the basis of non-cooperation. See Foddrell v. Utica First Insurance Co., 178 A.D.3d 901 (N.Y. App. Div. 2019). In so holding, the Foddrell court applied the Thrasher test: “To effectively deny coverage based upon lack of cooperation, an insurance carrier must demonstrate (1) that it acted diligently in seeking to bring about the insured’s cooperation, (2) that the efforts employed by the insured were reasonably calculated to obtain the insured’s cooperation, and (3) that the attitude of the insured, after his or her cooperation was sought, was one of willful and avowed obstruction.” Id.; see Thrasher v. U. S. Liab. Ins. Co., 19 N.Y.2d 159, 167 (1967).
Thomas Foddrell’s suit against Utica First Insurance Company (“Utica First”) stemmed from his personal injury suit against Janey & Rana Construction Corporation (“J&R” (Utica First’s insured). During that lawsuit, J&R’s principal, Gardeep Singh, failed to appear for two court-ordered depositions. After his failure to appear at those depositions, Utica First sent an investigator to inform Singh that he was scheduled for a third deposition. Singh responded to the investigator that he would speak with J&R’s attorneys about the matter. Ultimately, Singh did not appear for the third court-ordered deposition. In response to Singh’s repeated failure to appear for the depositions, Utica First sent Singh a letter advising him that because of his lack of cooperation, Utica would no longer agree to indemnify J&R.
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Ryan G. Nelson, Saxe Doernberger & VitaMr. Nelson may be contacted at
rgn@sdvlaw.com
Illinois Court Addresses Rip-And-Tear Coverage And Existence Of An “Occurrence” In Defective Product Suit
September 04, 2018 —
Brian Bassett - TLSS Insurance Law BlogIn Lexington Ins. Co. v. Chi. Flameproof & Wood Specialties Corp., 2018 U.S. Dist. LEXIS 135871, 2018 WL 3819109 (N.D. Ill. Aug. 10, 2018), the U.S. District Court for the Northern District of Illinois found that rip-and-tear costs could qualify as covered “property damage,” but the court rejected coverage for claims that the insured intentionally sold a noncompliant product as the suit did not allege an “occurrence.”
Lexington Insurance Company (“Lexington”) issued a CGL policy to Chicago Flameproof & Wood Specialties Corp. (“Flameproof”). During the policy period, a third party ordered fire-retardant-treated lumber from Flameproof for construction in Minnesota. Flameproof instead sent materials that were not tested, certified, or labeled as compliant. The third party installed the materials, discovered the non-compliance, and then removed the materials. Removing the materials allegedly damaged other portions of the building on the project. The third party then sued Flameproof, alleging costs associated with replacing the lumber as well as property damage to the other materials from the removal of the lumber. Flameproof tendered the claim to Lexington seeking a defense. Lexington filed a declaratory action in the Northern District of Illinois.
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Brian Bassett, Traub Lieberman Strauss & Shrewsberry LLPMr. Bassett may be contacted at
bbassett@tlsslaw.com
COVID-19 Impacts on Subcontractor Default Insurance and Ripple Effects
April 20, 2020 —
Smith CurrieSubcontractor default insurance (“SDI”) may be described as an alternative to bonding subcontractors. SDI is first-party insurance that compensates the general contractor insured in the event a covered subcontractor fails to fulfill its contractual obligations. Under SDI policies, general contractor insureds are obligated to develop and implement rigorous subcontractor prequalification procedures.
Basic questions and answers about how SDI might come into play and impact the construction industry in response to COVID-19 follow:
Who may make a claim on an SDI policy?
The general contractor may make a claim. An Owner may make a claim if the general contractor becomes insolvent in many cases. Subcontractors may not make claims on SDI policies.
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Smith CurrieThe Smith Currie firm may be contacted at
info@smithcurrie.com
New Home Sales Slip, but Still Strong
December 30, 2013 —
CDJ STAFFEconomists say that prospective home buyers have adjusted to the increase in mortgage rates, according to AZCentral.com. And while there was a 2.1 percent drop in new home sales in November, estimates for the preceding months were revised upwards, beating estimates. October new home sales were at the highest they had been since the beginning of the recession.
The Federal Reserve plans to taper off of economic stimulus, which should send interest rates even higher. This may have prompted some home buyers to get in the market sooner, rather than later, according to Sara Watt House, and economist with Wells Fargo. “It’s not really derailing people’s purchase plans,” said Ms. House.
With reduction in inventory has come an increase in prices, which also could slow down sales of new homes.
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No Bad Faith in Insurer's Denial of Collapse Claim
July 15, 2024 —
Tred R. Eyerly - Insurance Law HawaiiThe Tenth Circuit affirmed the district court's grant of summary judgment to the insurer on the insured's claims for collapse and bad faith. Christopher M. Wolpert Saddletree Holding, LLC v. Evanston Ins. Co., 2024 U.S. App. LEXIS 10377 (10th Cir. April 30, 2024).
On May 7, 2019, Saddletree filed a claim with Evanston for damages sustained to its building which was used as a community events center. After a winter of heavy snowfall, Saddletree discovered that the building's steel support columns had buckled two or more inches and the roof had deflected downward approximately six inches.
Evanston retained an engineer to inspect the building. The engineer determined that the damage was the result of the building's inadequate "design and/or construction." Evanston disclaimed coverage under the policy's exclusion for damage caused by "hidden or latent defects" or "any quality in property that causes it to damage or destroy itself."
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
