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Case Briefs
Professional Services Exclusions Held to Preclude Coverage in Two Recent Cases
In its recent unpublished decision in Andrews v. USF Insurance Co., No. B179966 (Cal. Ct. App. Feb. 8, 2006), the California Court of Appeal affirmed the lower court's summary judgment in favor of an insurer, holding that a professional services exclusion precluded coverage for claims against an architect relating to his supervision of the remodeling and repair of a home.
In Andrews, plaintiff and policyholder Andrews contracted with homeowner Scharps to provide architectural services for the remodeling of Scharps' newly purchased, earthquake-damaged home. The contract provided, in pertinent part, that Andrews would:
[P]rovide architectural services for the remodel of a single family residence ' and construct the project including hiring and review of structural engineering scope of work and construction phase management. … The architect shall visit the site at intervals ' to become generally familiar with the progress and quality of the work completed and to determine in general if the work is being performed in a manner indicating that the work when completed will be in accordance with the contract documents ' On the basis of on-site observations as an architect, the architect shall keep the owner informed of the progress and quality of the work and shall endeavor to guard the owner against defects and deficiencies in the work.
Several years after completion of the project, Scharps served Andrews, as well as the separately retained general contractor and structural engineer, with an arbitration demand in connection with work on the property. Andrews subsequently submitted these claims to USF pursuant to a comprehensive general liability ('CGL') policy USF issued to him. Under that policy, USF had agreed to insure Andrews against 'sums [he] becomes legally obligated to pay as damages for bodily injury or property damage to which this insurance applies.' Significantly, however, the policy contained a professional services exclusion endorsement, which stated: '[T]his policy shall not apply to any liability arising out of professional services performed by or for any insured or professional services for others in the capacity as an architect, engineer or surveyor.' USF initially agreed to defend Andrews in the arbitration subject to a reservation of rights.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.