Construction Defect Claims
Our attorneys have been on the cutting edge of developments of California construction defect and construction defect insurance law for over three decades, including the “manifestation trigger” in the context of third-party progressive damage for construction defects (Fireman’s Fund Insurance Company v. Aetna Casualty (1990) 223 Cal.App.3d 1621); additional insurance, contribution and subrogation (Maryland Casualty Company v. Nationwide Insurance Company (1998) 65 Cal.App.4th 21; Maryland Casualty Company v. Nationwide Mutual Insurance Company (2000) 81 Cal.App.4th 1082; and Rice v. Safeco Property & Cas. Co. (9th Cir. 2003) 78 Fed.Appx. 641 (amicus)); and efforts to shape the development of case law relative to indemnity and damages exposure in construction defect litigation, including representation of both contractor trade organizations and insurers as amicus curiae before the Courts of Appeal and California Supreme Court in numerous landmark cases, including Alan O. Aas v. Superior Court (2000) 24 Cal.4th 627; Jimenez v. Superior Court (2002) 29 Cal.4th 473; Rosen v. State Farm Gen. Ins. Co. (2003) 30 Cal.4th 107; Acosta et. al. v. Glenfed Development et. al. (2005) 128 Cal.App.4th 1278; Crawford v. Weather Shield Mfg. (2008) 44 Cal.4th 541; McMillin Albany LLC v. Superior Court (2018) 4 Cal.4th 241; and Hensel Phelps Construction v. Superior Court [Smart Corner Owners Assn.], (4th DCA Cal. 2020) 2020 WL 370445. Our insurance-related experience extends to issues as diverse as “other insurance” clauses (Travelers Cas. & Surety Co. v Century Surety Co. (2004) 118 Cal.App.4th 1156); the burden of proof in contribution cases against recalcitrant insurers (Safeco Ins. Co. of America v. Superior Court [Century Surety] (2006) 140 Cal.App.4th 874); and the impact of the “supplementary payments” provision on attorney’s fee awards (Employers Mutual Cas. Co. v. Philadelphia Ins. (2008) 169 Cal.App.4th 340).
We have experience in OCIP and CCIP (“wrap”) insurance programs. We are one of the few California firms to have a balanced understanding of such programs, having represented both wrap insurers and builders and trade contractors with respect to “wrap” coverage issues.
Hirsch Closson attorneys are frequent lecturers and panelists relative to construction defect insurance coverage issues, having spoken for the many public and private organizations including the Property Loss Research Bureau and Liability Insurance Research Bureau (PLRB/LIRB); the Seminar Group and Stafford Publishing; the San Diego County Bar Association Insurance/bad Faith Section; MC Consultant’s Seminar; and West Coast Casualty’s Construction Defect Seminar. In 2018 Mr. Closson of the firm was the recipient of WCC’s Silver Star Award for Best Coverage Counsel.
Construction Defect Claims
Our attorneys have been on the cutting edge of developments of California construction defect and construction defect insurance law for over three decades, including the “manifestation trigger” in the context of third-party progressive damage for construction defects (Fireman’s Fund Insurance Company v. Aetna Casualty (1990) 223 Cal.App.3d 1621); additional insurance, contribution and subrogation (Maryland Casualty Company v. Nationwide Insurance Company (1998) 65 Cal.App.4th 21; Maryland Casualty Company v. Nationwide Mutual Insurance Company (2000) 81 Cal.App.4th 1082; and Rice v. Safeco Property & Cas. Co. (9th Cir. 2003) 78 Fed.Appx. 641 (amicus)); and efforts to shape the development of case law relative to indemnity and damages exposure in construction defect litigation, including representation of both contractor trade organizations and insurers as amicus curiae before the Courts of Appeal and California Supreme Court in numerous landmark cases, including Alan O. Aas v. Superior Court (2000) 24 Cal.4th 627; Jimenez v. Superior Court (2002) 29 Cal.4th 473; Rosen v. State Farm Gen. Ins. Co. (2003) 30 Cal.4th 107; Acosta et. al. v. Glenfed Development et. al. (2005) 128 Cal.App.4th 1278; Crawford v. Weather Shield Mfg. (2008) 44 Cal.4th 541; McMillin Albany LLC v. Superior Court (2018) 4 Cal.4th 241; and Hensel Phelps Construction v. Superior Court [Smart Corner Owners Assn.], (4th DCA Cal. 2020) 2020 WL 370445. Our insurance-related experience extends to issues as diverse as “other insurance” clauses (Travelers Cas. & Surety Co. v Century Surety Co. (2004) 118 Cal.App.4th 1156); the burden of proof in contribution cases against recalcitrant insurers (Safeco Ins. Co. of America v. Superior Court [Century Surety] (2006) 140 Cal.App.4th 874); and the impact of the “supplementary payments” provision on attorney’s fee awards (Employers Mutual Cas. Co. v. Philadelphia Ins. (2008) 169 Cal.App.4th 340).
We have experience in OCIP and CCIP (“wrap”) insurance programs. We are one of the few California firms to have a balanced understanding of such programs, having represented both wrap insurers and builders and trade contractors with respect to “wrap” coverage issues.
Hirsch Closson attorneys are frequent lecturers and panelists relative to construction defect insurance coverage issues, having spoken for the many public and private organizations including the Property Loss Research Bureau and Liability Insurance Research Bureau (PLRB/LIRB); the Seminar Group and Stafford Publishing; the San Diego County Bar Association Insurance/bad Faith Section; MC Consultant’s Seminar; and West Coast Casualty’s Construction Defect Seminar. In 2018 Mr. Closson of the firm was the recipient of WCC’s Silver Star Award for Best Coverage Counsel.
Contact Us
