On July 1, 2025, the U.S. District Court for the Central District of California entered summary judgment in favor of a national homebuilder against its insurance company, United Specialty Insurance Company (“USIC”), holding...more
On Oct. 28, 2021, the Nevada Supreme Court in Zurich American Insurance Company v.. Ironshore Specialty Insurance Company, 137 Nev. Adv. Op. 66, held that an insured can rely on extrinsic facts to show that an insurer has a...more
In a win for residential developers seeking an alternative forum to resolve construction-defect claims, the Nevada Supreme Court rules that arbitration agreements in CC&Rs are enforceable. Based on the following, the court...more
4/13/2018
/ Arbitration Agreements ,
Binding Agreements ,
CC&Rs ,
Common-Interest Communities ,
Construction Defects ,
Enforceability ,
Federal Arbitration Act ,
Federal v State Law Application ,
Homeowners ,
Housing Developers ,
Interstate Commerce ,
Motion to Compel ,
NV Supreme Court ,
Preemption ,
Residential Real Estate Contracts ,
Reversal ,
Unconscionable Contracts
With the February 24, 2015, enactment of Assembly Bill 125 (2015 Nevada Laws, Ch. 2), much has changed in the world of residential construction defect litigation. One of the most dramatic shifts has been the reduction of the...more
8/30/2017
/ Constitutional Challenges ,
Construction Defects ,
Construction Industry ,
Due Process ,
Equal Protection ,
Grace Period ,
Limitation Periods ,
New Legislation ,
NV Supreme Court ,
Residential Property Owners ,
Retroactive Application ,
Statute of Repose