Cambridge Massachusetts Building Expert Directory

White and Williams Celebrates 125th Anniversary

March 04, 2024 — White and Williams LLP
White and Williams LLP, a global-reaching law firm headquartered in Philadelphia, PA, is celebrating its 125th Anniversary. Since its founding in 1899, the Firm has grown to two hundred lawyers with offices in Connecticut, Delaware, Maryland, Massachusetts, New Jersey, New York, Rhode Island, and Pennsylvania. “We are proud to celebrate our 125th anniversary. We are grateful to all of our clients for the trust that they place in our firm to handle their important litigation and transactional matters. The partnership we enjoy with our clients is special and a source of great pride to all of us at White and Williams. We are deeply committed to the success of our clients' goals and objectives,” stated Tim Davis, Managing Partner. “We look forward to celebrating this historic milestone with our clients, attorneys, staff and alumni throughout 2024,” added Davis. Read the court decision
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Reprinted courtesy of White and Williams LLP

Unfortunate Event Test Leads to Three Occurrences

December 02, 2015 — Tred R. Eyerly – Insurance Law Hawaii
The Second Circuit affirmed the finding of three occurrences in a highway accident after applying the unfortunate event test. Nat'l Liability & Fire Ins. Co. v. Itzkowitz, 2015 U.S. App. LEXIS 16387 (2nd Cir. Sept. 15, 2015). A dump box attached to a dump truck struck and damaged an overpass. The dump box then separated from the truck and landed in the right lane of the highway. Some thirty seconds to five minutes later, the Itzkowitz vehicle struck the detached dump box. Then, at some point between a few seconds and twenty minutes later, the Hershkowitz (second) vehicle struck the dump box. The insurer for the dump truck owner, National, argued there was one accident, or at most two separate accidents, under the policy. The district court found there were three occurrences and National appealed. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Insurer Beware: Failure to Defend Ends with Hefty Verdict

June 01, 2011 — Douglas Reiser, Builders Council Blog

Served with a lawsuit that you turned over to your insurer? Insurer refusing to defend you? Well, find some hope in this news. Washington’s IFCA has the claws to ensure that insurers perform their duties.

Contractors heavily rely on the defense provisions of their Commercial General Liability (CGL) policies. In construction, a legal dispute can easily rear its head when you least expect it. Luckily, Washington registered contractors are required to maintain CGL insurance. That insurance often provides contractors with adequate legal defense in the event that they are sued.

But, what if your insurer turns down the defense request? They might be staring at massive damages. A current Reiser Legal client, Australia Unlimited, Inc., recently won a large verdict against Hartford Insurance, after the insurer unreasonably denied their claim. The firm who represented Australia Unlimited Inc. in that case, Hackett Beecher and Hart, were successful in procuring a $5.43 Million verdict

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Reprinted courtesy of Douglas Reiser of Reiser Legal LLC. Mr. Reiser can be contacted at info@reiserlegal.com

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10 Haight Lawyers Recognized in Best Lawyers in America© 2022 and The Best Lawyers: Ones to Watch 2022

September 20, 2021 — Haight Brown & Bonesteel LLP
Three Haight Brown & Bonesteel LLP attorneys were selected for Best Lawyers in America© 2022.

Bruce Cleeland – Product Liability Litigation – Defendants
Peter Dubrawski – Product Liability Litigation – Defendants
Denis Moriarty – Insurance law

Seven Haight Brown & Bonesteel LLP attorneys were selected for Best Lawyers®: Ones to Watch 2022.

Courtney Arbucci – Personal Injury Litigation – Defendants; Product Liability Litigation – Defendants
Frances Brower – Product Liability Litigation – Defendants
Kyle DiNicola – Transportation Law
Arezoo Jamshidi – Appellate Practice
Jonna Lothyan – Appellate Practice
Kristian Moriarty – Transportation Law
Bethsaida Obra-White – Construction Law; Insurance Law; Personal Injury Litigation – Defendants

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Reprinted courtesy of Haight Brown & Bonesteel LLP

No Coverage for Roof Collapse During Hurricane

January 29, 2024 — Tred R. Eyerly - Insurance Law Hawaii
The Fifth Circuit affirmed the district court's determination that the insured's roof collapse was not covered. Exclusive Real Estate Inv., L.L.C. v. S.G.L. No. 1, Ltd., 2023 U.S. App. LEXIS 29368 (5th Cir. Nov. 3, 2023). A building owned by Exclusive Real Estate partially collapsed during a rain-storm. The insurer, SGL, inspected the roof and determined that there was no coverage. Exclusive sued SGL for breach of contract and bad faith. SGL moved for summary judgment, which was granted by the district court. Exclusive appealed. The poicy covered "direct physical loss to the property" caused by windstorms. Exclusions, however, precluded coverage for losses "caused by rain, snow, sleet, sand or dust unless the direct force of wind or hail damages the building causing an opening in a roof or wall and the rain, snow, sleet, sand or dust enters through this opening." Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Happy Thanksgiving from CDJ

November 27, 2013 — CDJ STAFF
As Thanksgiving kicks off this holiday season, all of us at CDJ would like to gratefully acknowledge all of our valued readers and contributors in the construction defect and claims community. This November marks CDJ’s third anniversary. With your continued support we are looking forward to expanded coverage and features in our 4th year. Best wishes to you and yours this holiday season! Read the court decision
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New Iowa Law Revises Construction Defects Statute of Repose

September 07, 2017 — David Suggs – Bert L. Howe & Associates, Inc.
Starting July 1st of this year, Iowa homeowners now have only ten years to file a claim against the builder instead of the fifteen years that was allowed previously, reported WZAD 8 News. Furthermore, commercial property owners will only have eight years to file their suits. Scott Webster, Vice President of the Quad Cities Builders and Re-modelers Association, told WZAD 8 News that insurance companies played a part in the change: “[I]nsurance companies were saying, Iowa is at such a long period of time for any kind of defect, that may be hard to prove whether the builder even did it or the homeowner modified the house.” However, Tom Miller, Iowa Attorney General, disagreed with the change in policy: “We think that it’s unfair to consumers, the defects in buildings and commercial buildings too, can show up very easily between eight and fifteen years out.” Read the court decision
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A Closer Look at an HOA Board Member’s Duty to Homeowners

October 10, 2013 — Derek Lindenschmidt — Higgins, Hopkins, McLain & Roswell, LLC.
Whenever a homeowner association (HOA) starts thinking in terms of a construction defect lawsuit against its developer and/or builder, its board members will inevitably be confronted with the purported risk and liability to their homeowners if they do not pursue the alleged defects and deficiencies brought to their attention. Not surprisingly, the board members are on occasion led to believe that pursuing such claims is synonymous with acting in the homeowners’ “best interests.” Further—and unfortunately—board members often feel as though they will breach their obligation to the homeowners if theydon’t agree to proceed with such claims. Nevertheless, how well do we really know what the board members’ duty actually consists of, when it applies, and what potential liability exists for a board member’s breach of same? The answers might surprise you. Read the court decision
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Reprinted courtesy of Derek Lindenschmidt
Derek Lindenschmidt can be contacted at lindenschmidt@hhmrlaw.com

CAMBRIDGE MASSACHUSETTS BUILDING EXPERT DIRECTORY AND CAPABILITIES