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California Governor Signs SB 496 Amending California’s Anti-Indemnity StatuteMay 17, 2017

The bill amends Cal. Civ. Code § 2782.8 as it applies to indemnity agreements with design professionals. The pre-existing § 2782.8 prohibited public agencies from requiring indemnity from design professionals for anything other than claims arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of the design professional. Under the newly passed bill, the indemnity restrictions imposed on public agencies when contracting with design professionals…

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AIA Releases New Insurance ExhibitMay 16, 2017

The American Institute of Architects (“AIA”) released the latest revisions to its form construction contract documents at the AIA’s National Conference on April 27-29, 2017. The 2017 forms include updates to the principal owner-architect agreements, owner-contractor agreements and the general conditions documents. Notably, the AIA included a specific exhibit for insurance and bonds. The AIA’s decision to include a standalone insurance form underscores the increased reliance on insurance as a…

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Washington Supreme Court Issues Groundbreaking Pro-Policyholder Pollution DecisionMay 12, 2017

The Washington Supreme Court recently extended the efficient proximate cause doctrine – commonplace in first-party insurance – to a commercial general liability (“CGL”) pollution claim. In doing so, the court determined that the negligent installation of a water heater, rather than the carbon monoxide emitted therefrom, was the proximate cause of injury and could not be excluded via a pollution exclusion. Describing the rule of efficient proximate cause, the court…

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As Uncertainty Looms Post-Brexit, London Market Group Publishes Recommendations to UK GovernmentMay 12, 2017

On March 29, 2017, Prime Minister Theresa May triggered Article 50 of the Treaty of Lisbon, which gives any member of the EU the right to leave.  The UK has the next two years to negotiate an exit deal, which means that, barring any extensions, the UK will officially leave the EU by April of 2019. In light of the upcoming negotiations, The London Market Group, which represents the insurance…

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