ASSOCIATION HIGHLIGHTS


AGC of California Recognized for Industry Outreach, Membership Growth


AGC of California was recognized


for its strong membership growth, continued industry outreach efforts, and successful member engagement initiatives with the award of the 2017 James E. Cashman Trophy by AGC of America. Te trophy is presented to the chapter with the most effective membership growth and retention campaign for the previous calendar year. “Chapters provide vital support for


thousands of hard working construction contractors,” said Art Daniel, the National association’s president and the President and COO of AR Daniel Construction Services, Inc. “Without their tireless efforts, it is hard to imagine where our industry would be today.” “Te AGC of California prides


itself on being the best it can be every year, and I am proud of the work that this award represents,” said Mike Mencarini, AGC of California President and President of Unger Construction Company. “Tis honor could not be possible without the AGC of California chapter staff members who work endlessly to advocate on behalf of the association.” AGC of America CEO Stephen


each one was intended to exclude, the Global Modular and Pulte Home courts realized that each exclusion had a specific intent, and the terms of one exclusion could not be imparted to another exclusion, nor could they all be “mushed together” to make one large, catch-all type exclusion. 


Tyler Gerking is a partner in Farella


Braun + Martel’s San Francisco office, where his litigation practice focuses on recovering insurance policy proceeds


www.AGC-CA.org


The AGC of California staff is pictured with the James E. Cashman Trophy.


Sandherr noted that both national and the chapter had found new and effective ways to communicate with their members, keeping their member companies up to date and engaged on


for policyholders. He can be reached at tgerking@fbm.com. David Smith is an insurance and risk management consultant in Farella’s San Francisco


local business and political develop- ments. Sandherr added that the chapter distinguished themselves through their new member onboarding and prospect outreach processes. 


office. He can be reached at dsmith@fbm. com. 1


In a strange quirk of timing, a sister


case, Pulte Home Corp. v. American Safety Indemn. Co., No. 16-cv-02567- H-AGS (USDC, Southern Dist. Cal.) was filed at the same time, involving a third project involving the same parties. Tat case, though, was filed in federal


court and ACIC successfully argued that Georgia law governed the dispute. After only a superficial review of the facts and the policy language, the district court (in an opinion filed two weeks after the California court of appeal opinion above was filed) held that exclusions j(5) and j(6) applied broadly to the project, even describing them as “broad” exclu- sions. As the California court of appeal showed, however, these exclusions are actually narrow because they only apply to “that particular part” of the project on which the insured is actually performing work at the time of the damage.


Associated General Contractors of California 25


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28