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In the case of River's Side at Washington Sq. Homeowners Assn. v. Superior Court, 3d. Cir. No.C095860 (2023), a homeowners association successfully argued that it had standing to sue for construction defects on behalf of individual unit owners. Under the Right to Repair Act, homeowner associations do not have standing to sue on behalf of members for construction defects within individual units, but may sue for defects in the common areas. In this case the court [...]

Bad news and ... great news! Your rich Aunt Rose just passed away, but she has left you a 3,000 square foot vacant lot in Brooklyn! The property is transferred over to you (along with the real estate taxes), and you hire an architect to determine what building you can construct to maximize the potential of this incredible stroke of fortune. You hear back from the architect, and she lets you know that there is [...]

The insurance company bears the burden to establish the applicability of any exclusion. Insurance policies limit coverage through the use of exclusions written into the policy. The insurer bears the burden to establish the applicability of any exclusion. Expected or Intended Injury Exclusion (a) in the standard CGL policy excludes any injury or damage that is "expected or intended from the standpoint of the insured." This form of intent relates to the insured's state of [...]