California Court of Appeal Finds Alleged Inadequate Defense by Insurer-Appointed Defense Counsel Does Not Trigger a Right to Independent Counsel
January 11, 2022 —
Robert Dennison - Traub LiebermanThe California Second District Court of Appeal had occasion to examine an insurer’s duty to provide independent counsel (“Cumis counsel”) to its insured in a declaratory relief action entitled Nede Management, Inc. v. Aspen American Insurance Company. The action arose from a fire on a property covered by an insurance policy issued by Aspen American Ins. Co (“Aspen”). Aspen’s insureds were sued for wrongful death and negligence by tenants and squatters allegedly injured by the fire.
Aspen defended three individual members of the family who owned the property and the family business, Nede Management, Inc. (“Nede”), which managed the property. The defense was subject to reservations of rights on the lack of an obligation to pay any judgment in excess of the $1 million policy limits and no coverage for punitive damages. Aspen appointed defense counsel to defend its insureds. The insureds sought independent counsel based on the assertion that defense counsel appointed by the insurer defended the action inadequately, failed to communicate an initial settlement demand within policy limits and failed to fully investigate the case. Aspen did provide Cumis counsel to Nede for a period but terminated the arrangement after revoking its reservation of rights to that entity. The underlying case eventually settled at no cost to the insureds.
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Robert Dennison, Traub LiebermanMr. Dennison may be contacted at
rdennison@tlsslaw.com
ASCE Statement On House Passage Of The Precip Act
May 16, 2022 —
Dennis D. Truax, President, American Society of Civil Engineers (ASCE)Washington, DC. – ASCE congratulates the U.S. House of Representatives on passage of the PRECIP Act, H.R. 1437 which requires the National Oceanic and Atmospheric Administration (NOAA) to update precipitation frequency estimates every five years, and encourages its swift passage in the Senate.
To build for the future and prioritize the resilience of our nation's critical infrastructure systems, civil engineers require the most current precipitation data available. Unfortunately, too often the rainfall data that engineers must rely on to design our nation's infrastructure is out-of-date and does not account for the increasingly heavy rains and less predictable weather patterns of today. The lack of current data poses significant challenges for engineers as they attempt to protect public health, safety and welfare and impacts the security of the nation's dams, levees, wastewater and stormwater infrastructure. Design and protection of all infrastructure systems depend on current, accurate and reliable precipitation data that adequately accounts for ongoing climate changes.
The PRECIP Act provides needed resources to help NOAA produce more accurate data and serves to strengthen the nation's infrastructure so that it can withstand the increasingly severe effects of climate change. Passage of this legislation is a critically vital step toward meeting the goals set forth in the recently passed Infrastructure Investment and Jobs Act to ensure resilient infrastructure so that every community can thrive.
ABOUT THE AMERICAN SOCIETY OF CIVIL ENGINEERS
Founded in 1852, the American Society of Civil Engineers represents more than 150,000 civil engineers worldwide and is America's oldest national engineering society. ASCE works to raise awareness of the need to maintain and modernize the nation's infrastructure using sustainable and resilient practices, advocates for increasing and optimizing investment in infrastructure, and improve engineering knowledge and competency. For more information, visit www.asce.org or www.infrastructurereportcard.org and follow us on Twitter, @ASCETweets and @ASCEGovRel.
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Arizona Supreme Court Upholds Constitutionality of Provision Relating to Statutory Authority for Constructing and Operating Sports and Tourism Complexes
June 18, 2019 —
Amanda Z. Weaver - Snell & WilmerIn an opinion published February 25, 2019, the Arizona Supreme Court held that Maricopa County’s surcharge on car rental agencies to fund a stadium and other sports- and tourism-related projects did not violate either the dormant Commerce Clause of the United States Constitution or the anti-diversion provision of the Arizona Constitution, art. 9, § 14. Saban Rent-a-Car LLC v. Ariz. Dep’t of Revenue.
In 2000, the Arizona Legislature created the Arizona Tourism and Sports Authority (the Authority) to build and/or operate a variety of sports-related facilities, including Major League Baseball spring training facilities, and youth and amateur sports and recreation centers. Taxes and surcharges, approved by voters, are the sole funding for the Authority’s construction projects, including the challenged surcharge in Maricopa County. This surcharge is based on the income from car rental companies leasing vehicles to customers for less than one year, and is the greater of $2.50 per rental or 3.25% of the company’s gross proceeds or income. A.R.S. § 5-839. The state treasurer deposits $2.50 per rental transaction into the Maricopa County Stadium District, as it has since 1991, and the remaining amount of the difference between $2.50 per transaction and 3.25% of the company’s gross income or proceeds is distributed to the Authority. Rental car companies often pass this surcharge on to their customers.
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Amanda Z. Weaver, Snell & WilmerMs. Weaver may be contacted at
aweaver@swlaw.com
Zetlin & De Chiara Ranked in the Top Tier for Construction Law by Legal 500 USA
June 21, 2021 —
Zetlin & De Chiara LLPZetlin & De Chiara was named a Band 1 Construction Law firm in the United States by the
Legal 500 US in its annual guide.
Described as a "boutique construction law firm with a deep bench and understanding of how a construction project is built and how to address disputes when they happen," Zetlin & De Chiara is routinely involved in projects across the US and internationally. Legal 500 selected Michael Zetlin, Michael De Chiara and Michael Vardaro to the Leading Lawyers list.
Michael De Chiara was praised as an "expert in the field."
Michael Zetlin was lauded for his representation of national and multi-national construction companies as well as premier owners, developers and contractors. Other members of the "very pragmatic" team who were recognized were
Tara Mulrooney and
Jim Terry.
The Legal 500 US 2021 guide is a highly regarded legal directory which annually ranks law firms and legal professionals. It highlights legal teams who are providing the most cutting edge and innovative advice to corporate counsel. Rankings are based on feedback from clients worldwide, submissions from law firms and interviews with leading private practice lawyers.
About Zetlin & De Chiara:
Zetlin & De Chiara LLP provides sophisticated legal and business counsel and advice to members of the construction community across the country including real estate owners and developers, design professionals, construction managers and contractors, and financial institutions.
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Contract, Breach of Contract, and Material Breach of Contract
July 05, 2023 —
Wendy Rosenstein - Ahlers Cressman & Sleight PLLCAt its most basic level, a contract is an agreement to make a trade. Parties to a contract agree to perform a specific action on the condition that the other side also performs a specific action. For instance, you and a Girl Scout could create a contract in which the Girl Scout agrees to deliver one box of cookies and you agree to pay her $6.00. In this case, both you and the Girl Scout have obligations under the contract.
If the Girl Scout failed to send you the cookies, what do you do? You send her a note, in writing, telling her that you expect the cookies (or assurance that you will get the cookies) within a certain amount of time—this is notice and the opportunity to cure. Most contracts have a “notice and opportunity to cure” provision, which essentially says that one side must give the other side an opportunity to fix breaches before canceling the contract. Once a party receives a notice to cure, they must either rectify the problem or offer adequate assurances that they will fix the problem. Generally, the party has only a short period of time to address the breach.
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Wendy Rosenstein, Ahlers Cressman & Sleight PLLC
Third Circuit Affirms Use of Eminent Domain by Natural Gas Pipeline
November 28, 2018 —
Anthony B. Cavender - Gravel2GavelOn October 30, the U.S. Court of Appeals for the Third Circuit decided the case of Transcontinental Gas Pipe Line Co., LLC v. Permanent Easements for 2.14 Acres, et al. , affirming the District Court’s grant of a preliminary injunction to Transcontinental Gas Pipe Line Company, LLC (Transcontinental). This case involves the construction of the “Atlantic Sunrise Expansion Project,” a natural gas pipeline that runs through Pennsylvania, Maryland, Virginia, North Carolina and South Carolina.
Under the Natural Gas Act (NGA), pipeline companies can exercise powers of eminent domain when they are acting in the public interest. The Third Circuit cautions that this is a “standard” eminent domain power, and not a “quick take” that is permitted under another statute.
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Anthony B. Cavender, PillsburyMr. Cavender may be contacted at
anthony.cavender@pillsburylaw.com
New Defendant Added to Morrison Bridge Decking Lawsuit
March 26, 2014 —
Beverley BevenFlorez-CDJ STAFFThe Morrison Bridge in Multnomah County, Oregon, has added a new company to their lawsuit regarding problems with the slip-resistant FRP decking, according to The Oregonian. The county has already named the installer, the supplier, and the manufacturer. Now, they have added Hardesty & Hanover, LLP, the company “that contracted with the decking manufacturer to provide engineering and design for the project.”
The Oregonian reported that “the county has identified a construction design professional who can testify that Hardesty & Hanover made errors that contributed to the Morrison Bridge's damage,” according to the amended complaint.
First, Conway construction (the deck installer) filed suit against the decking manufacturer and supplier. Then, the “county inserted itself into the suit last fall,” stated The Oregonian, and “is seeking more than $2 million to repair or replace the decking, plus damages.” A trial is scheduled for February 2015.
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Chambers USA 2021 Ranks White and Williams as a Leading Law Firm
June 07, 2021 —
White and Williams LLPWhite and Williams is once again recognized by Chambers USA as a leading law firm in Pennsylvania for achievements and client service in the areas of insurance law, real estate finance and banking and finance law. The firm has also been recognized for achievements and client service in banking and finance law in Philadelphia and the surrounding area. In addition, five lawyers received individual honors – two for their work in insurance, one for his work in real estate finance, another for her work in bankruptcy and restructuring and one for his work in commercial litigation.
White and Williams is acknowledged for our renowned practice offering exceptional representation to insurers and reinsurers across an impressive range of areas including coverage, bad faith litigation and excess liability. The firm is recognized for notable strength in transactional and regulatory matters, complemented by the team's adroit handling of complex alternative dispute resolution proceedings. Chambers USA also acknowledged the firm's broad trial capabilities, including handling data privacy, professional liability, toxic tort coverage claims, and experience in substantial claims arising from bodily injury and wrongful death suits. White and Williams' cross-disciplinary team is also highlighted, as one source commented that "all advice was reasoned and respectful. They worked well together and provided exceptional representation."
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