Fairfield Connecticut Building Expert Directory

Chicago’s Bungalows Are Where the City Comes Together

March 06, 2022 — Zach Mortice - Bloomberg
In Chicago, there are plenty of reasons for South Side residents to keep Northsiders at arm’s length. This includes the North Side’s nonsensical lack of numbered streets, opposed baseball fandoms, and the outsized power of the city’s wealthier half — an imbalance that has created one of the most striking geographic divides between rich and poor, white and Black, in American urban life. But for Chicago historian and native Southsider Shermann “Dilla” Thomas, there’s a quick way for a Northsider to break through this legacy and offer at least one piece of common ground: Say that you live in a bungalow. “We have bungalows on the South Side too,” Thomas says. “If you’re good enough for a bungalow, then you’re cool with me.” All over the city, these humble houses are a remarkably consistent presence. It’s estimated that Chicago boasts 80,000 original bungalows — a third of the city’s single-family housing stock — located across a U-shaped band four to seven miles from the city center called the Bungalow Belt. In a city riven by inequality and resentment, bungalows are one of the few things that white, Black and Latino Chicagoans all love together. “The Chicago Bungalow is a unifying thing,” says Thomas. Read the court decision
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Reprinted courtesy of Zach Mortice, Bloomberg

The Sky is Falling! – Or is it? Impacting Lives through Addressing the Fear of Environmental Liabilities

March 30, 2016 — John Van Vlear and Karl Foster – Newmeyer & Dillion, LLP
Six months ago, a couple anxiously relayed to N&D lawyers how the sky was falling – with environmental liabilities at the center of their seemingly real Chicken Little fears. The couple owned two properties in a central California town, one being a former gas station which an oil company had abandoned alleging the lease was void given partial eminent domain actions. Before interviewing us, the couple had spent in excess of $100,000 in legal fees with another law firm trying to force the oil company to take responsibility for potential environmental impacts under the disputed lease. Reprinted courtesy of John Van Vlear, Newmeyer & Dillion, LLP and Karl Foster, Newmeyer & Dillion, LLP Mr. Van Vlear may be contacted at john.vanvlear@ndlf.com. Mr. Foster may be contacted at karl.foster@ndlf.com Read the court decision
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Justice Didn’t Ensure Mortgage Fraud Was Priority, IG Says

March 19, 2014 — Tom Schoenberg and Phil Mattingly – Bloomberg
The U.S. Justice Department failed to pursue mortgage fraud in the years following the 2008 financial crisis with the same level of commitment that it publicly touted, an internal watchdog said. While Attorney General Eric Holder said mortgage-fraud cases were among the department’s top priorities, the Federal Bureau of Investigation internally ranked them the lowest of six criminal threats, according to a report released today by Inspector General Michael Horowitz. The FBI devoted fewer resources to such cases even though Congress allocated $196 million for fiscal years 2009 to 2011 to pursue such conduct. The Justice Department has been criticized by lawmakers and judges for not bringing more criminal cases against individuals following the collapse in housing prices and ensuing market turmoil. In August, Holder retracted a public statement after Bloomberg News reported that the department had inflated its track record of mortgage-fraud prosecutions. Mr. Schoenberg may be contacted at tschoenberg@bloomberg.net; Mr. Mattingly may be contacted at pmattingly@bloomberg.net Read the court decision
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Reprinted courtesy of Tom Schoenberg and Phil Mattingly, Bloomberg

Contractual Indemnification Limitation on Florida Public Projects

July 28, 2016 — David Adelstein – Florida Construction Legal Updates
Construction contract indemnification provisions are governed under Florida Statute s. 725.06. This is a very important statute to know if you are drafting indemnification provisions for any type of construction contract. (There is also Florida Statute s. 725.08 that discusses indemnification provisions applicable to design professionals that is also worth knowing.) Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Florida’s Supreme Court Resolves Conflicting Appellate Court Decisions on Concurrent Causation

December 21, 2016 — Afua S. Akoto – Saxe Doernberger & Vita, P.C.
The Supreme Court of Florida kicked off December with an opinion that determined which theory of recovery applies when multiple perils combine to create a loss, and at least one of those perils is excluded by the terms of a policy. In Sebo v. American Home Assurance Company, Inc.,1 the court resolved the conflict between the Florida Appellate Courts for the Second District and the Third District and declared the concurrent cause doctrine (CCD) as the more applicable theory of recovery over the efficient proximate cause doctrine (EPC). The underlying dispute concerned damage to a home Sebo purchased in Naples, Florida in April 2005. The American Home Assurance Company (AHAC) insured the home under a manuscript policy specifically created for the property with limits of over eight million dollars. In May 2005, Sebo discovered major water leaks in the main foyer, master bathroom, exercise room, piano room, and living room of the home. In August, paint fell off the walls after it rained, and it became clear that the house suffered from major design and construction defects. When Hurricane Wilma struck in October, the house was further damaged by rain water and high winds, and was eventually demolished. Read the court decision
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Reprinted courtesy of Afua S. Akoto, Saxe Doernberger & Vita, P.C.
Ms. Akoto may be contacted at asa@sdvlaw.com

Avoid the Headache – Submit the Sworn Proof of Loss to Property Insurer

September 28, 2020 — David Adelstein - Florida Construction Legal Updates
Property insurance policies (first party insurance policies) contain post-loss obligations that an insured must (and should) comply with otherwise they risk forfeiting insurance coverage. One post-loss obligation is the insurer’s right to request the insured to submit a sworn proof of loss. Not complying with a post-loss obligation such as submitting a sworn proof of loss can lead to unnecessary headaches for the insured. Most of the times the headache can be avoided. Even with a sworn proof of loss, there is a way to disclaim the finality of damages and amounts included by couching information as estimates or by affirming that the final and complete loss is still unknown while you work with an adjuster to quantify the loss. The point is, ignoring the obligation altogether will result in a headache that you will have to deal with down the road because the property insurer will use it against you and is a headache that is easily avoidable. And, it will result in an added burden to you, as the insured, to demonstrate the failure to comply did not actually cause any prejudice to the insurer. By way of example, in Prem v. Universal Property & Casualty Ins. Co., 45 Fla. L. Weekly D2044a (Fla. 3d DCA 2020), the insured notified their property insurer of a plumbing leak in the bathroom. The insurer requested for the insured to submit a sworn proof of loss per the terms of the insured’s property insurance policy. The insurer follow-up with its request for a sworn proof of loss on a few occasions. None was provided and the insured filed a lawsuit without ever furnishing a sworn proof of loss. The insurer moved for summary judgment due the insured’s failure to comply with the post-loss obligations, specifically by not submitting a sworn proof of loss, and the trial court granted the insurer’s motion. Even at the time of the summary judgment hearing, the insured still did not submit a sworn proof of loss. Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

PA Supreme Court to Rule on Scope of Judges' Credibility Determinations

April 20, 2016 — Max Kimbrough – White and Williams LLP
In IA Construction v. WCAB (Rhodes), the Commonwealth Court reversed the WCJ’s decision to deny the employer’s Modification Petition on the basis that the employer’s medical expert was not credible. In the underlying case, the claimant was determined to have sustained compensable work injuries to his head, neck and back. The employer subsequently filed a Modification Petition, seeking to modify benefits to Partial Disability based on an Impairment Rating Evaluation (IRE) which found that the claimant had a 34% whole body impairment. The WCJ ultimately denied the employer’s Modification Petition, finding that the IRE physician's categorization of the claimant's injuries and interpretation of the claimant's impairment level from his brain injury was not credible. Read the court decision
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Reprinted courtesy of Max Kimbrough, White and Williams LLP
Mr. Kimbrough may be contacted at kimbroughm@whiteandwilliams.com

Traub Lieberman Partner Greg Pennington and Associate Kevin Sullivan Win Summary Judgment Dismissing Homeowner’s Claim that Presented an Issue of First Impression in New Jersey

December 02, 2019 — Gregory S. Pennington & Kevin Sullivan - Traub Lieberman
On July 12, 2019, Traub Lieberman Straus & Shrewsberry LLP’s Gregory S. Pennington and Kevin Sullivan secured summary judgment dismissing a homeowner’s claim for damaged flooring. The claim at issue arose from the homeowners’ attempt to discard their refrigerator. In the process of removing the refrigerator, the homeowners scratched their kitchen and dining room floors. The homeowners made a claim under their homeowners policy for the cost to repair and replace the damaged flooring. Their homeowners’ insurer denied their claim based on a policy exclusion barring coverage for damage consisting of or caused by marring and scratching. When their insurer denied coverage, the homeowners filed suit in the New Jersey Superior Court, Law Division in Bergen County. The case presented the issue of first impression in New Jersey of whether a homeowner’s self-inflicted, but accidental damaging of its own floors was barred by the homeowner’s policy’s marring or scratching exclusion. Greg and Kevin successfully argued that the exclusion applied to bar coverage. Reprinted courtesy of Gregory S. Pennington, Traub Lieberman and Kevin Sullivan, Traub Lieberman Mr. Pennington may be contacted at gpennington@tlsslaw.com Mr. Sullivan may be contacted at ksullivan@tlsslaw.com Read the court decision
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