Risky Business: Contractual Versus Equitable Rights of Subrogation
December 16, 2023 —
Kyle Rice - The Subrogation StrategistIn Zurich Am. Ins. Co. v. Infrastructure Eng’g. Inc., 2023 Ill. App. LEXIS 383, the insurer, Zurich American Insurance Company (Insurer) proceeded as subrogee of Community College District No. 508 d/b/a City Colleges of Chicago and CMO, a Joint Venture. The Appellate Court of Illinois, First District (Appellate Court) addressed whether Insurer – who issued a builder’s risk policy to insure a building during construction – could subrogate on behalf of the building owner, City Colleges of Chicago (City Colleges), who was part of the joint venture and an additional named insured, but who had not been directly paid for the underlying loss. The Appellate Court determined that the policy language established that the carrier was contractually permitted to subrogate on behalf of all additional named insureds on the policy, including the building owner.
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Kyle Rice, White and WilliamsMr. Rice may be contacted at
ricek@whiteandwilliams.com
Sales of U.S. Existing Homes Rise to One-Year High
October 22, 2014 —
Michelle Jamrisko – BloombergSales of previously owned homes climbed in September to the highest level in a year, pointing to growing confidence in the U.S. economy as employment firms.
Purchases advanced 2.4 percent to a 5.17 million annual rate, the National Association of Realtors reported today in Washington. Demand was up 1.9 percent compared with the same month last year before adjusting for seasonal patterns.
Americans are returning to the real-estate market as employers have added 2 million workers to payrolls so far this year. Sales stand to get an additional boost in the final months of 2014 as the drop in mortgage rates caused by slowing growth in Europe and emerging nations makes properties more affordable for first-time buyers.
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Michelle Jamrisko, BloombergMs. Jamrisko may be contacted at
mjamrisko@bloomberg.net
Los Angeles Is Building a Future Where Water Won’t Run Out
February 28, 2022 —
Brian Eckhouse & Laura Bliss - BloombergA helicopter whisks off a rooftop in downtown Los Angeles, climbs above a thin layer of haze and soars over barren mountains past the city’s edge. Soon, scars of climatic stress are evident to L.A. Mayor Eric Garcetti and Martin Adams, general manager and chief engineer of the city’s water and power department, as they peer out the windows. Trees torched years ago by wildfire. Flats parched by sun and little precipitation.
It’s another July scorcher, days after California Governor Gavin Newsom asked residents to conserve amid one of the worst droughts on record. The crisis spans across the southwestern U.S. Outside Las Vegas, the enormous Lake Mead reservoir that feeds the Golden State as well as Nevada and Arizona plunged in June to its lowest level since 1937. In August, federal officials ordered the first-ever water cuts on a Colorado River system that sustains about 40 million people. Even after pounding holiday storms, 64% of the land in Western states was still experiencing severe to exceptional drought in January, which is on track to be the driest on record in some parts.
Reprinted courtesy of
Brian Eckhouse, Bloomberg and
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Insurer Must Cover Portions of Arbitration Award
October 14, 2019 —
Tred R. Eyerly - Insurance Law HawaiiThe court determined that there was coverage in a construction defect case for portions of an arbitration award. Liberty Surplus Ins. Corp. v. Century Sur. Co., 2019 U.S. DIst. LEXIS 116093 (S.D. Texas July 12, 2019).
Descon Construction contracted with the City of Edinburg, Texas, to build a library. Descon subcontracted with McAllen Steel Erectors to install the library metal roof. The roof began to leak within two months of occupancy. The leaks continued for seven years.
Edinburg sued Descon. The matter was arbitrated. The arbitration panel found that the library roof was defective, the exterior stucco system was defectively installed and certain work, including fire-caulking, had not been performed. The panel concluded that Descon was liable for breach of contract and breach of warranty. The panel determined that Edinburg was entitled to replacement of the existing roof. Further, McAllen was found to have breached its subcontract with Descon by defectively installing the roof, entitling Descon to recover $762,537 from McAllen.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
California Complex Civil Litigation Superior Court Panels
December 31, 2014 —
Richard H. Glucksman, Esq., Jon A. Turigliatto, Esq., and David A. Napper, Esq. – Chapman Glucksman Dean Roeb & Barger BulletinThe Complex Civil Litigation Program is relatively new as it has only existed in California
since 2000. Complex divisions dedicate courtrooms solely for litigation of complex civil
cases that require exceptional judicial management including construction defects, antitrust,
securities, toxic torts, mass torts, and class actions. Complex civil courtrooms help the trial
court operate in a more efficient, expeditious, and effective manner. A complex court
reduces costs for litigants by streamlining motion practice and expeditiously resolving
discovery disputes.
Not all counties have dedicated complex civil divisions. For those that do, each county has
its own local rules, and some complex divisions have their own particular set of rules. The
Judicial management of complex cases begins early, and is applied continuously and actively
with the idea that final resolution be expedited as much as possible. In focusing on
cooperation amongst the parties to achieve these goals, often requiring joint statements to
the court and a prohibition on discovery motions until after the parties have formally metand-
conferred on the issues. Moreover, complex cases are centralized and are assigned to
one highly skilled Judge for all purposes.
The first six California counties to create a Complex Civil division include Alameda, Contra
Costa, Los Angeles, Orange, San Francisco, and Santa Clara. Riverside County Superior
Court is the most recent California County to add a Complex division, effective January 2015.
Riverside county Superior Court’s Complex department consists of ten civil judges, seven of
which are in the main courthouse with Riverside. Riverside county expects to consolidate all
complex civil litigation into one courtroom by January 2015. Riverside county Judge Sharon
Waters state that "[i]t's been something that I personally have felt has been long overdue"
and that "[t]he idea is that put it with one judge and let him or her develop the expertise."
Judge Waters believes "[t]he potential value of establishing a complex litigation courtroom
[is that] it allows the judge to focus on the cases full time."1
As of October 2014, Riverside county had about 450 to 500 pending cases designated as
complex, over fifty percent (50%) of which involved construction defect matters. The sole
Judge who will preside over the complex cases has not yet been named.
1 Jolly, Vik. "Riverside to Shift Complex Civil Cases to 1 Courtroom." Los Angeles Daily Journal (October 13,
2014)
Reprinted courtesy of Chapman Glucksman Dean Roeb & Barger attorneys
Richard H. Glucksman,
Jon A. Turigliatto and
David A. Napper
Mr. Glucksman may be contacted at rglucksman@cgdrblaw.com;
Mr. Turigliatto may be contacted at jturigliatto@cgdrblaw.com;
and Mr. Napper may be contacted at dnapper@cgdrblaw.com
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California Mediation Confidentiality May Apply to Third Party “Participants” Retained to Provide Analysis
November 02, 2017 —
Tony Carucci - Snell & Wilmer Real Estate Litigation BlogCalifornia Evidence Code section 1119 governs the general admissibility of oral and written communications generated during the mediation process. Section 1119(a) provides that “[n]o evidence of anything said or any admission made
for the purpose of, in the course of, or pursuant to, a mediation . . . is admissible or subject to discovery, and disclosure of the evidence shall not be compelled, in any . . . civil action . . . .” Cal. Evid. Code § 1119(a) (emphasis added). Similarly, section 1119(b) bars discovery or admission in evidence of any “writing . . . prepared
for the purpose of, in the course of, or pursuant to, a mediation . . . .” Cal. Evid. Code § 1119(b) (emphasis added). Finally, section 1119(c) provides that “[a]ll communications, negotiations, or settlement discussions by and between
participants in the course of a mediation . . . shall remain confidential.” Cal. Evid. Code § 1119(c) (emphasis added).
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Tony Carucci, Snell & WilmerMr. Carucci may be contacted at
acarucci@swlaw.com
Haight Ranked in 2018 U.S. News - Best Lawyers "Best Law Firms" List
November 02, 2017 —
Haight Brown & Bonesteel LLPHaight Brown & Bonesteel LLP is listed in the 2018 U.S. News – Best Lawyers "Best Law Firms" list with five metro rankings in the following areas:
Los Angeles
- Tier 1 in Insurance Law
- Tier 1 in Personal Injury Litigation - Defendants
- Tier 1 in Product Liability Litigation - Defendants
- Tier 2 in Personal Injury Litigation - Plaintiffs
- Tier 2 in Product Liability Litigation - Plaintiffs
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End of an Era: Los Angeles County Superior Court Closes the Personal Injury Hub
October 24, 2022 —
Elizabeth A. Evans & Angela S. Haskins - Haight Brown & Bonesteel LLPOn September 21, 2022, the Los Angeles County Superior Court announced that it would start a gradual shutdown of the Personal Injury Hub, currently located at the Spring Street Courthouse. This closure will see the return of personal injury cases being venued in the district where they occurred.
The Personal Injury Hub was established in 2012 as a means of consolidating personal injury cases after several civil courtrooms around the County were closed due to significant budget cuts. It first began as two courtrooms in Stanley Mosk Superior Court, then moved to the Spring Street Courthouse and ballooned to six courtrooms, each handling a case load of reportedly over 9,000 cases at times. Case Management Conferences were abolished and the parties were largely left to their own devices to move cases along. At times, slow chaos ensued. With a new and increased budget, Los Angeles Superior Court has now decided that enough is enough.
Effective October 10, 2022, new personal injury cases will be filed and handled from start to finish in independent calendar courtrooms in the districts where the events giving rise to the claims occurred. Any cases properly filed in the Central District will continue to be heard in the Personal Injury Hub for now. A new Civil Case Cover Sheet Addendum that reflects this change will be available on the Los Angeles County Superior Court website for use as of October 10th.
Reprinted courtesy of
Elizabeth A. Evans, Haight Brown & Bonesteel LLP and
Angela S. Haskins, Haight Brown & Bonesteel LLP
Ms. Evans may be contacted at eevans@hbblaw.com
Ms. Haskins may be contacted at ahaskins@hbblaw.com
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