News & Analysis as of

Construction Defects Settlement

Miles Mediation & Arbitration

Mediating Construction Defect Cases and Other Construction Cases: Factors to Keep in Mind

Planning to mediate a construction law case? Whether your case involves construction defects, environmental issues, breach of contract, construction delays, or other construction-related claims, there may be multiple claims...more

Troutman Pepper

Fifth Circuit Holds Settlement Proceeds Received by General Contractor From Subcontractors Constitute “Other Insurance” Which...

Troutman Pepper on

Satterfield & Pontikes Constr., Inc. v. United States Fire Ins. Co., 2018 U.S. App. LEXIS 21488 (5th Cir. Aug. 2, 2018) - This case arises out of an excess insurance provider’s refusal to cover damages incurred by the...more

Nossaman LLP

The Jury is Still Out On The Effectiveness Of The “Calderon Process”

Nossaman LLP on

The State of California implemented the “Calderon Process” almost two decades ago. The hope was this pre-litigation “mediation” process would lower the cost, and increase the likelihood of early settlement, of construction...more

Sheppard Mullin Richter & Hampton LLP

A Construction Defect Insurance Carrier Need Only Demonstrate That Another Insurance Carrier's Policy May Potentially Cover The...

A California Appellate Court recently clarified the burden of proof for an insurance company seeking contribution from another insurance company in settlement of a construction defect action. When a company involved in...more

Orrick, Herrington & Sutcliffe LLP

Policy Observer - July 2013

Getting Over the Bar: Second Circuit Requires Actual Payment of Underlying Limits In Order to Trigger Excess D&O Policies - In June, the Second Circuit held that two Federal Insurance Company ("FIC") excess D&O...more

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