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McMILLIN ALBANY v. S.C.

Amicus Curiae Brief of National Association of Subrogation Professionals

22 Cited authorities

  1. Rossmoor Sanitation, Inc. v. Pylon, Inc.

    13 Cal.3d 622 (Cal. 1975)   Cited 275 times   2 Legal Analyses
    Noting that "while such clauses may be construed to provide indemnity for a loss resulting in part from an indemnitee's passive negligence, they will not be interpreted to provide indemnity if an indemnitee has been actively negligent"

  2. Angelica Textile Services, Inc. v. Park

    220 Cal.App.4th 495 (Cal. Ct. App. 2013)   Cited 42 times   2 Legal Analyses
    Holding that breach of contract claims, even where premised upon misappropriation of trade secrets, are not displaced by UTSA

  3. KB Home Greater Los Angeles, Inc. v. Superior Court

    223 Cal.App.4th 1471 (Cal. Ct. App. 2014)   Cited 18 times   1 Legal Analyses
    Interpreting statute to require notice to a builder before repairs are made, noting "sequential procedure" set forth in statute

  4. Liberty Mutual Ins. Co. v. Brookfield Crystal Cove LLC

    219 Cal.App.4th 98 (Cal. Ct. App. 2013)   Cited 12 times   20 Legal Analyses
    In Liberty Mutual Ins. Co. v. Brookfield Crystal Cove LLC (2013) 219 Cal.App.4th 98 (Liberty Mutual), Hart purchased a new home built by Brookfield.

  5. Mounger v. Gates

    193 Cal.App.3d 1248 (Cal. Ct. App. 1987)   Cited 43 times
    Finding benefit to "all public safety officers in the state" without evidence of such

  6. Employers Mutual Liability Ins. v. Tutor-Saliba Corp.

    17 Cal.4th 632 (Cal. 1998)   Cited 26 times   1 Legal Analyses

    Docket No. S058283. March 2, 1998. Appeal from Superior Court of Los Angeles County, No. SOC096588, Robert L. LaFont, Judge. COUNSEL Millard, Pilchowski, Holweger Child, Jeniffer Wilder and Bradford T. Child for Defendant and Appellant. Robert T. Moulton for Plaintiff and Respondent. OPINION BROWN, J. A subcontractor's workers' compensation insurance carrier brought an action against the general contractor to recover compensation benefits paid to the subcontractor's employee. The issue in this case

  7. McMillin Scripps North Partnership v. Royal Ins. Co.

    19 Cal.App.4th 1215 (Cal. Ct. App. 1993)   Cited 30 times
    Holding that absent the insured's primary right to receive the benefits of the contract "the auxiliary implied covenant has nothing upon which to act as a supplement, and should not be endowed with an existence independent of its contractual underpinnings."

  8. Standard Pacific Corp. v. Superior Court

    176 Cal.App.4th 828 (Cal. Ct. App. 2009)   Cited 10 times
    In Standard Pacific, however, only the statutory nonadversarial prelitigation procedures were in issue; there was no contention the builder had elected to use an alternative contractual procedure.

  9. Fireman's Fund Ins. Co. v. Morse Signal Devices

    151 Cal.App.3d 681 (Cal. Ct. App. 1984)   Cited 21 times
    In Fireman's Fund Ins. Co. v. Morse Signal Devices, 151 Cal.App.3d 681, 198 Cal.Rptr. 756 (1984), the plaintiff alleged that where the alarm companies received alarm signals, but failed to notify the proper officials, such a " knowing" failure was a demonstration of " reckless and wanton disregard" of the consequences and constituted gross negligence.

  10. Liberty Mut. Ins. Co. v. Altfillisch Constr. Co.

    70 Cal.App.3d 789 (Cal. Ct. App. 1977)   Cited 26 times
    In Altfillisch, the prejudice to the insurer was clear, because Conexco, the insured, had entered an agreement with Altfillisch, its lessee, that "had the legal effect of cutting off [the insurer]'s opportunities for subrogation against... Altfillisch, [and] breached an implied condition of the policy."

  11. Section 790.03 - Unfair methods of competition and unfair and deceptive acts

    Cal. Ins. Code § 790.03   Cited 591 times   12 Legal Analyses
    Requiring differentials based on the sex of the individual insured

  12. Section 895 - Generally

    Cal. Civ. Code § 895   Cited 99 times   9 Legal Analyses
    Describing prelitigation procedure for construction disputes

  13. Section 896 - Liability and claims limited to listed standards; applicability of title; inapplicability to condominium conversions

    Cal. Civ. Code § 896   Cited 66 times   2 Legal Analyses
    Listing construction defects for which the developer is liable

  14. Section 910 - Prelitigation procedures

    Cal. Civ. Code § 910   Cited 49 times
    Requiring exhaustion of prelitigation procedures in all cases where "a violation of the standards set forth in Chapter 2" is alleged

  15. Section 930 - Time periods strictly construed; motion to stay until claimant satisfies requirement of chapter

    Cal. Civ. Code § 930   Cited 20 times

    (a) The time periods and all other requirements in this chapter are to be strictly construed, and, unless extended by the mutual agreement of the parties in accordance with this chapter, shall govern the rights and obligations under this title. If a builder fails to act in accordance with this section within the timeframes mandated, unless extended by the mutual agreement of the parties as evidenced by a postclaim written confirmation by the affected homeowner demonstrating that he or she has knowingly

  16. Section 916 - Inspection of claimed unmet standards

    Cal. Civ. Code § 916   Cited 17 times

    (a) If a builder elects to inspect the claimed unmet standards, the builder shall complete the initial inspection and testing within 14 days after acknowledgment of receipt of the notice of the claim, at a mutually convenient date and time. If the homeowner has retained legal representation, the inspection shall be scheduled with the legal representative's office at a mutually convenient date and time, unless the legal representative is unavailable during the relevant time periods. All costs of builder

  17. Section 917 - Builder's offer to repair violation

    Cal. Civ. Code § 917   Cited 16 times

    Within 30 days of the initial or, if requested, second inspection or testing, the builder may offer in writing to repair the violation. The offer to repair shall also compensate the homeowner for all applicable damages recoverable under Section 944, within the timeframe for the repair set forth in this chapter. Any such offer shall be accompanied by a detailed, specific, step-by-step statement identifying the particular violation that is being repaired, explaining the nature, scope, and location

  18. Section 913 - Acknowledgment of receipt of notice of claim; claimant's legal representative included in communications

    Cal. Civ. Code § 913   Cited 12 times

    A builder or his or her representative shall acknowledge, in writing, receipt of the notice of the claim within 14 days after receipt of the notice of the claim. If the notice of the claim is served by the claimant's legal representative, or if the builder receives a written representation letter from a homeowner's attorney, the builder shall include the attorney in all subsequent substantive communications, including, without limitation, all written communications occurring pursuant to this chapter

  19. Section 915 - Release of homeowner from provisions of chapter

    Cal. Civ. Code § 915   Cited 10 times

    If a builder fails to acknowledge receipt of the notice of a claim within the time specified, elects not to go through the process set forth in this chapter, or fails to request an inspection within the time specified, or at the conclusion or cessation of an alternative nonadversarial proceeding, this chapter does not apply and the homeowner is released from the requirements of this chapter and may proceed with the filing of an action. However, the standards set forth in the other chapters of this

  20. Section 929 - Cash offer and no repair

    Cal. Civ. Code § 929   Cited 7 times

    (a) Nothing in this chapter prohibits the builder from making only a cash offer and no repair. In this situation, the homeowner is free to accept the offer, or he or she may reject the offer and proceed with the filing of an action. If the latter occurs, the standards of the other chapters of this title shall continue to apply to the action. (b) The builder may obtain a reasonable release in exchange for the cash payment. The builder may negotiate the terms and conditions of any reasonable release

  21. Rule 8.520 - Briefs by parties and amici curiae; judicial notice

    Cal. R. 8.520   Cited 3,165 times

    (a)Parties' briefs; time to file (1) Within 30 days after the Supreme Court files the order of review, the petitioner must serve and file in that court either an opening brief on the merits or the brief it filed in the Court of Appeal. (2) Within 30 days after the petitioner files its brief or the time to do so expires, the opposing party must serve and file either an answer brief on the merits or the brief it filed in the Court of Appeal. (3) The petitioner may file a reply brief on the merits or