In an unpublished opinion in an insurance coverage/construction defect case involving competing contractual "subrogation waivers" issued today, the California Court of Appeal advised as follows:
Appellate counsel for both sides have done an outstanding job, resulting in briefs
that have been more than ordinarily helpful to the court. The fact remains that the issues
are far from enthralling; they demand an almost microscopic examination of dry, lengthy
contract documents. As we embark on the resolution of these issues, then, we think it
only fair to suggest that the reader might want to be sitting in a comfortable chair, with a
cup of strong coffee nearby.
American Guarantee and Liability Ins. Co. v. ADP Marshall, Inc. (CA4/2, Dec. 4, 2007) No. E041182 (Richli, J.).