The California Court of Appeal has held that the statute of limitations on an insured’s suit for breach of the duty to defend is equitably tolled until the underlying action is resolved by final judgment. ( Eaton Hydraulics, Inc. v. … Read More
The California Court of Appeal has ruled that an insured’s allegation that it relied on its insurer’s investigation of damage was sufficient to establish a basis for equitable estoppel to bar a limitations defense. (Doheny Park Terrace Homeowners Association, Inc. … Read More
California Governor Arnold Schwarzenegger has recently signed legislation which prohibits builders from enforcing “Type I” indemnity provisions against subcontractors in connection with residential construction defect claims. Background For many years, California has allowed construction contracts to contain “Type I” indemnity … Read More