California juries are handing down million-dollar awards in lawsuits alleging rental housing providers have failed to maintain ‘habitable’ properties. Insurers, concerned the litigation trend could spread, are adding exclusions to limit their risk. Brokers need to be aware of the impact habitability litigation and coverage restrictions can have on client property programs. To protect themselves, property owners need to take a proactive approach to maintenance of rental housing units and keep detailed records of that work. In addition, property owners need to be aware of the impact that potential litigation and coverage exclusions may have on property insurance policies.

GUEST SPEAKER: David Canter, Partner, Nicolson Law Group

The lion’s share of Mr. Canter’s current practice focuses on representing property owners and property managers in the defense of claims asserting breach of the warranty of habitability, breach of the covenant of quiet enjoyment, negligence, and private nuisance. With 35 years of experience, Mr. Canter has successfully represented individuals and businesses, varying in size from independently owned local companies to publicly traded national corporations. He has litigated matters involving habitability claims, property disputes, short-term health insurance plans, insurance defense, insurance bad faith, first-party property loss, commercial transportation, premises liability, construction defect, assault and battery, defamation suits, wrongful termination, misappropriation of trade secrets, breach of contract, mortgage repurchase litigation, business disputes, fraud, breach of fiduciary duty, ADA compliance, nuisance abatement and law enforcement/internal affairs investigations.

Throughout his career, Mr. Canter’s well-balanced approach remains the same: provide his clients with candid and thoughtful evaluation of claims and defenses; counsel his clients on the costs and benefits of each stage of litigation; communicate professionally and in good faith with his adversaries; and always zealously represent his clients’ interests through the conclusion of the matter. Mr. Canter is a member of both the Association of Southern California Defense Counsel, and the Colorado Defense Lawyers Association.