Seattle Washington Building Expert Directory

Insured's Experts Excluded, But Insurer's Motion for Summary Judgment Denied

October 26, 2020 — Tred R. Eyerly - Insurance Law Hawaii
Despite barring the insured's expert witnesses from testifying as to the cause of the loss, lay witnesses were still available, making the district court's award of summary judgment to the insurer improper. Greater Hall Temple Church of God v. Southern Mut. Church Ins. Co., 2020 U.S. App. LEXIS 21934 (11th Cir. July 15, 2020). Hurricane Matthew damaged the Greater Hall Temple Church of God's (Church) roof. Leaks occurred, causing water damage to the Church's interior. A claim was submitted to Southern Mutual. The policy did not cover loss caused by water. Nor did it cover loss to the interior of buildings unless the rain entered through openings made by a specified peril. An independent adjuster found that the damage was caused not by wind, but by pre-exisiting structural issues. Southern Mutual denied the claim. The Church filed suit. Southern Mutual moved for summary judgment and also moved to strike three of the Church's expert witnesses. The district court agreed that none of the witnesses could qualify as experts. Two of the witnesses did not have the requisite experience nor had they used a sufficiently reliable methodology formulating their opinions. A third expert was barred because his expert opinion had not been timely disclosed. Thereafter, Southern Mutual's motion for summary judgment was granted because the Church had not provided admissible evidence that damage to the Church's roof was caused by Hurricane Matthew. 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

Liability Insurer’s Duty To Defend Insured Is Broader Than Its Duty To Indemnify

June 03, 2019 — David Adelstein - Florida Construction Legal Updates
When it comes to liability insurance, an insurer’s duty to defend its insured from a third-party claim is much broader than its duty to indemnify. This broad duty to defend an insured is very important and, as an insured, you need to know this. “A liability insurer’s obligation, with respect to its duty to defend, is not determined by the insured’s actual liability but rather by whether the alleged basis of the action against the insurer falls within the policy’s coverage.” Advanced Systems, Inc. v. Gotham Ins. Co., 44 Fla. L. Weekly D996b (Fla. 3d DCA 2019) (internal quotation omitted). This means: Even where the complaint alleges facts partially within and partially outside the coverage of a policy, the insurer is nonetheless obligated to defend the entire suit, even if the facts later demonstrate that no coverage actually exists. And, the insurer must defend even if the allegations in the complaint are factually incorrect or meritless. As such, an insurer is obligated to defend a claim even if it is uncertain whether coverage exists under the policy. Furthermore, once a court finds that there is a duty to defend, the duty will continue even though it is ultimately determined that the alleged cause of action is groundless and no liability is found within the policy provisions defining coverage. Advanced Systems, supra(internal citations and quotations omitted). 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

An Overview of the New EPA HVAC Refrigerant Regulations and Its Implications for the Construction Industry

September 30, 2024 — Stefanie A. Salomon, Nadia Ennaji & Ali Heyat - Peckar & Abramson, P.C.
The U.S. Environmental Protection Agency (EPA) recently announced a series of significant changes to the rules governing the use of refrigerants in heating, ventilation, and air conditioning (HVAC) systems. These changes, which were promulgated under the American Innovation and Manufacturing (AIM) Act, are designed to phase down the use of hydrofluorocarbons (HFCs), a class of potent greenhouse gases. The AIM Act: A Game-Changer for HVAC Industry The recent changes to refrigerant regulations by the EPA signify a substantial shift in environmental policy that will have profound implications for the construction industry. For the construction industry, this means a transition to next-generation technologies that do not rely on HFCs. The AIM Act’s sector-based restrictions will affect a wide range of equipment, including refrigeration and air conditioning systems integral to building design and function. Starting January 1, 2025, the manufacturing or importing of any product in specified sectors that uses a regulated substance with a global warming potential of 700 or greater is prohibited (40 C.F.R. § 84.54(a)). The specified sectors listed include R-410A, the most common refrigerant used in the HVAC industry. The installation of systems using a regulated substance with a global warming potential of 700 or greater in specified sectors is allowed until January 1, 2026, provided that all system components are manufactured or imported before January 1, 2025. See 40 C.F.R. § 84.54 (c). “Installation” of an HVAC system is defined as the completion of assembling the system’s circuit, including charging it with a full charge, such that the system can function and is ready for its intended purpose. See 40 C.F.R. § 84.52. Reprinted courtesy of Stefanie A. Salomon, Peckar & Abramson, P.C. and Nadia Ennaji, Peckar & Abramson, P.C. Ms. Salomon may be contacted at ssalomon@pecklaw.com Ms. Ennaji may be contacted at nennaji@pecklaw.com Read the court decision
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No Repeal Process for Rejected Superstorm Sandy Grant Applications

February 12, 2014 — Beverley BevenFlorez-CDJ STAFF
Even though it’s been revealed that “faulty data” was used to reject many New Jersey recovery grants for victims of Superstorm Sandy, the state has announced that it’s too late to appeal, according to The Wall Street Journal. “The applicants were informed by letter that they weren't eligible,” state officials told The Wall Street Journal, “and it should have been clear that they needed to appeal last year, so the application process won't be reopened.” The majority of the rejected applicants that did appeal within the open period were found to be eligible for the grant: “Nearly 80% of people who appealed their rejections ended up winning their cases, according to data released by the Fair Share Housing Center, a public-interest law firm critical of the Christie administration. And of the 8,007 applicants rejected from both programs, 5,583 didn't appeal, or 70%, according to Fair Share Housing Center's analysis.” U.S. Representative Bill Pascrell called for “an independent monitor” to be “appointed to oversee the state’s storm spending ‘to ensure there isn’t further mismanagement.’” Read the court decision
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Lewis Brisbois Ranked Tier 1 Nationally for Insurance Law, Mass Tort/Class Actions Defense, Labor & Employment Litigation, and Environmental Law in 2024 Best Law Firms®

November 06, 2023 — Lewis Brisbois
(November 2, 2023) - Lewis Brisbois has been ranked Tier 1 nationally by Best Lawyers for ‘Insurance Law,’ ‘Mass Tort Litigation / Class Actions – Defendants,’ ‘Litigation - Labor and Employment,’ and ‘Environmental Law,’ as well as ranking Tier 1 in an array of practice areas across 25 metro regions in its 2024 edition of Best Law Firms®. In addition to Lewis Brisbois' national ranking, the firm was also ranked Tier 1 in the following regional categories: Akron

Commercial Litigation
Corporate Law
Mergers & Acquisitions Law
Tax Law
Trusts & Estates Law

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Reprinted courtesy of Lewis Brisbois

Certificates of Insurance May Confer Coverage

December 30, 2019 — Brett M. Hill - Ahlers Cressman & Sleight PLLC
Certificates of insurance are a common tool used in the construction industry to provide proof of insurance coverage. The legal effect of certificates of insurance has been a source of debate in Washington. Insurance companies have argued that certificates of insurance are “informational only” and do not alter the terms of the applicable insurance policy. Insurance companies have taken the position that if a certificate of insurance provides for coverage that is different than what the policy provides, the insurance company is only bound to provide what the policy provides. The Washington State Supreme Court weighed in on this issue in an opinion issued on October 10, 2019, and held that an insurance company is bound by the terms of its certificate of insurance – even if it conflicts with the policy. In T-Mobile USA, Inc. v. Selective Insurance Company of America, Selective’s agent issued a certificate of insurance to “T-Mobile USA, Inc., its subsidiaries and affiliates” and stated that those entities were “included as additional insured” under the policy. The certificate of insurance was issued by Selective’s agent when T-Mobile’s contractor purchased an insurance policy from Selective for a cell tower project. The contractor’s agreement for the project was with T-Mobile Northeast – not T-Mobile USA. The contract between T-Mobile Northeast and the contractor stated that T-Mobile Northeast would be an additional insured. The Selective insurance policy stated that any third party would automatically be an additional insured if the contractor was required to name the third party as an additional insured. The contract did not provide that T-Mobile USA would be an additional insured. A property owner damaged by the cell tower project sued T-Mobile USA. T-Mobile USA tendered the claim to Selective. Selective denied the claim because the contract between the contractor and T-Mobile Northeast did not require the contractor to name T-Mobile USA as an additional insured. Read the court decision
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Reprinted courtesy of Brett M. Hill, Ahlers Cressman Sleight PLLC
Mr. Hill may be contacted at brett.hill@acslawyers.com

The Almost-Collapse of a Sarasota, Florida Condo Building

July 11, 2021 — Beverley BevenFlorez – CDJ Staff
Five years ago, residents of the Dolphin Tower in Sarasota, Florida were forced to evacuate after cracks appeared in their fourth-floor condominium units. “My assistant calls me and says, ‘[Kris] thinks the building is falling down,’” David Karins of Karins Engineering told Sarasota Magazine. “I said, ‘I doubt that.’ Then I got there and saw what was going on and I said, ‘You know, the building may be falling down.’” In July of 2010, city officials ordered all residents to evacuate. Five years and $11 million dollars in rehabilitation and residents were finally able to move back in last month. The Herald-Tribune had previously interviewed John Bonacci, an engineer at Sarasota’s Karins Engineering: “I’d say yes, there was grave danger. It was luck that it didn’t come all the way down. Getting shoring in there quickly was instrumental in preventing it from collapsing.” Read the full story, Sarasota Magazine... Read the full story, Herald-Tribune... Read the court decision
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Seyfarth Shaw’s Construction Group Receives Top Tier Recognition from Legal 500

July 05, 2023 — Alison Ashford, Michael McKeeman, Bennett Greenberg, Meghan Douris, Jason Smith, Michael Wagner & Ryan Gilchrist - The Construction Seyfarth
Seyfarth Shaw’s Construction group have achieved a top tier ranking in the highly regarded Legal 500 United States 2023 edition, solidifying their reputation as one of the nation’s top legal teams. This recognition reaffirms Seyfarth’s unwavering commitment to excellence in Real Estate Construction and Construction Litigation. The Legal 500 United States guide recognizes Seyfarth’s Construction practice as having a “very deep team with extensive construction knowledge as well as experts in related fields such as government contracting and business organization.” Our team is regarded by clients and peers as “collegial, intelligent, direct and adaptable.” The guide specifically recognizes the firm’s former Construction group chair, Bennett Greenberg, in their Hall of Fame. Alison Ashford, the firm’s current Construction group co-chair, is named a Leading Lawyer and Washington, DC Associate, Michael Wagner, made the Rising Stars list. Other notable mentions include, Michael McKeeman, Construction group co-chair, Jason Smith, Meghan Douris, and Ryan Gilchrist. Reprinted courtesy of Alison Ashford, Seyfarth, Michael McKeeman, Seyfarth, Bennett Greenberg, Seyfarth, Meghan Douris, Seyfarth, Jason Smith, Seyfarth, Michael Wagner, Seyfarth and Ryan Gilchrist, Seyfarth Ms. Ashford may be contacted at aashford@seyfarth.com Mr. McKeeman may be contacted at mmckeeman@seyfarth.com Mr. Greenberg may be contacted at bgreenberg@seyfarth.com Ms. Douris may be contacted at mdouris@seyfarth.com Mr. Smith may be contacted at jnsmith@seyfarth.com Mr. Wagner may be contacted at mewagner@seyfarth.com Mr. Gilchrist may be contacted at rgilchrist@seyfarth.com Read the court decision
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