On March 18, 2019, the United States Supreme Court denied without comment a petition by the California Trucking Association (CTA), which sought to overturn a ruling by the Ninth Circuit permitting the California Labor Commissioner's Office to use a worker classification standard known as the Borello test in disputes before the California Department of Industrial Relations (known as Berman hearings). Berman hearings are administrative proceedings that address wage claims under the California Labor Code. The Borello test is a set of factors used to determine worker classification (employee or independent contractor) pursuant to S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341.

(Subcontractor obligated to defend general contractor pursuant to an indemnity clause requiring a defense for liability arising out of the work of the subcontractor)

(Subrogated insurer was entitled to collect on judgment entered against insured pursuant to Insurance Code Section 11580 as coverage for property damage sustained by home in underlying construction defect lawsuit was covered by the insured subcontractor’s policy)

Set forth below are summaries of California cases finding multiple occurrences in the context of constructive defect related claims. 

Our attorneys in the Chicago and Seattle offices teamed-up to secure a summary ruling in favor of Hanover Insurance on the trigger of a lawyer's professional liability policy. 

(Question of fact related to damage sustained by a gas purification plant required reversal of summary judgment in favor of insurer under property policy.)

(Insurer may not prosecute a subrogation action against an implied insured under a lease clause for fire damage sustained by property)

(An umbrella policy did not afford uninsured motorist coverage to parties which did not qualify as insureds under the umbrella policy)