In general Risk Retention Group (RRG) A Risk Retention Group refers to a limited-liability association whose only persons comprising membership are those in a “risk” engaged in similar business activities to which members are exposed by virtue of any similar, common trade, product, services or operations.  See 15 USC §

“Construction defects” as an “occurrence” under a (CGL) third party liability policy The building industry members will argue that a “construction defect” always should be deemed an “occurrence” within the meaning of CGL policies, even when the contractor intentionally performs the work with “knowledge that the work may create a

Defense obligation distinguished from indemnity obligation; Illustrations The insurer’s obligation under a supplementary payment provision in a CGL policy applies “only” to those cases where the insurer actually owed a duty to defend. [Golden Eagle v. Cen-Fed (2007 148 Cal. App. 4th 976, 996, discussed in Navigators Specialty Ins. v. Moorefield Construction (2016)

In general First party claim In first party property losses an insured must provide the insurer with a proof of loss signed by the insured, within sixty (60) days. See § P105 PROOF OF LOSS [§ P105:1] Thereafter, the insurance company after investigation of the loss may deny the claim on the

Delay damages – CGL liability policy Consequential damages Delay damages arising from “property damage” [§ P107 PROPERTY DAMAGE [§ P107:2 When strictly economic losses – Intangible, economic losses – are covered under insured’s third party liability policy]] falls under the insuring clause, which obligates the insurer to “pay those sums that

Actual cash value – defined Actual cash value insured against by a California Fair Plan policy has reference under the insurance code to the following phrases: 1. Total loss to the structure; 2. Partial loss to the structure. See California Fair Plan Association v. Garnes (2017) 11 Cal. App. 5th 1276, 1282

FIFTH AMENDMENT – INVOKING OF In general The Fifth Amendment in the United States Constitution permits a witness to claim a privilege against self-incrimination. [Victaulic Co. v. American Home Assurance Co. (2018) 20 Cal. App. 5th 948, 980] A person claiming the Fifth Amendment must do so with specific reference

In general In litigation there is often an issue of whether an independent contractor is an employee of another. An independent contractor is not an employee of another. This issue applies and is often critical in differing factual or legal matters. The issue of whether an individual is an employee

In general A party-spouse to a personal injury action may claim that he or she has been harmed by the injury to his or her spouse. Part of the damages that a jury must decide in such a case is how much money will reasonably compensate the plaintiff for loss