Fairfield Connecticut Building Expert Directory

Court Finds No Coverage for Workplace “Prank” With Nail Gun

April 04, 2022 — Craig Rokuson - Traub Lieberman Insurance Law Blog
In the recent case of Metro. Prop. & Cas. Ins. Co. v. Burby, 2022 NY Slip Op 22070, ¶ 1 (Sup. Ct.) Justice Richard M. Platkin of the Supreme Court of Albany County, New York examined a homeowners insurance policy and determined that a duty to defend was triggered in a case seeking recovery for injuries sustained when the insured, Burby allegedly discharged a nail gun in the bathroom of a work facility at which both Burby and the underlying plaintiff worked. Burby pled guilty to assault in the third degree for recklessly causing physical injury. MetLife, Burby’s carrier, disclaimed coverage based on lack of an occurrence, the business activities exclusion and the intentional loss exclusion, which bars coverage for injuries expected or intended by the insured or injuries that are the result of the insured’s intentional and criminal acts or omissions. Justice Platkin initially reviewed the intentional loss exclusion and lack of an occurrence and found that, from a duty to defend perspective, neither provided a dispositive coverage defense. However, the court found that the broadly worded business activities exclusion, which was not the subject of MetLife’s motion and instead was the subject of a cross motion by Burby, applied to bar coverage. In doing so, the court searched the record and granted summary judgment on the issue, despite MetLife not moving for relief under the exclusion. With respect to the expected or intended prong of the intentional loss exclusion, the court found that, even if Burby did intend to pull the trigger of the nail gun, it was not pled in the underlying complaint that the harm that resulted to the plaintiff was expected or intended. As such, the court concluded that MetLife did not prove that there was no possible factual or legal basis upon which it could be found that Burby did not reasonably expect or intend to cause injury to the plaintiff. Read the court decision
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Reprinted courtesy of Craig Rokuson, Traub Lieberman
Mr. Rokuson may be contacted at crokuson@tlsslaw.com

Ninth Circuit Clears the Way for Review of Oregon District Court’s Rulings in Controversial Climate Change Case

February 27, 2019 — Anthony B. Cavender - Gravel2Gavel
On December 26, a divided panel of the U.S. Court of Appeals for the Ninth Circuit accepted an interlocutory appeal of the presiding District Court’s pre-trial rulings in the novel climate change case that is being tried in Oregon. The case is Juliana, et al. v. United States of America. In its ruling, the Ninth Circuit held that the District Court certification of this case for interlocutory appeal satisfied the provisions of 28 U.S.C. § 1292(b). Ninth Circuit precedents authorize such an appeal when a District Court order “involves a controlling question of law as to which there is a substantial ground for difference of opinion”—which aptly characterizes the U.S. Supreme Court’s view of this litigation. Read the court decision
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Reprinted courtesy of Anthony B. Cavender, Pillsbury
Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

Read Carefully. The Insurance Coverage You Thought You Were Getting May Not Be The Coverage You Got

November 27, 2013 — Bret Cogdill — Higgins, Hopkins, McLain & Roswell, LLC
A recent U.S. District Court case in Colorado highlighted the importance for an insured to read and understand the terms of its insurance policy. The case 2-BT, LLC v. Preferred Contractors Insurance Company Risk Retention Group, LLC, Civil Action No. 12CV02167PAB, was a controversy between an insured’s expectations for coverage, and the terms and exclusions of the insurance policy. 2-BT is a heating, ventilation, and air-conditioning (“HVAC”) contractor, which utilizes soldering devices and heat sources among other tools for its trade. 2-BT needed liability insurance to cover its work, and found a provider, Preferred Contractors Insurance Company Risk Retention Group, LLC (“PCIC”). 2-BT read PCIC’s online materials, which stated “PCIC’s personalized underwriting process allows us to tailor coverage to properly outfit the contractor with excellent coverage and rates.” 2-BT filled out a policy application, which included a description of the type of HVAC work it performs, initialed several sections, and signed it. One of the initialed paragraphs on the application, “Policy Exclusions,” stated that damages arising from “fungi/bacteria,” “open flame,” and “use of heating devices,” was not covered. PCIC issued a policy to 2-BT, which included a section titled, “Additional Exclusions” that excluded coverage for mold and damage related to heating elements among others. Read the court decision
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Reprinted courtesy of Bret Cogdill
Bret Cogdill can be contacted at cogdill@hhmrlaw.com

U.S. Homeowners Are Lingering Longer, and the Wait Is Paying Off

July 28, 2018 — Jeremy Hill - Bloomberg
Homeowners in the U.S. are holding on to their houses longer than they have in at least 18 years, and when they do sell, they’re reaping gains that haven’t been seen since before the housing crisis. Those who sold in the second quarter did so after owning their homes for an average of 8.09 years, the longest stretch since Attom Data Solutions started tracking the statistic in 2000. The wait appears to be paying off: Second-quarter sellers recorded gains averaging $58,000 -- the most since the third quarter of 2007. Read the court decision
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Reprinted courtesy of Jeremy Hill, Bloomberg

The Treasures Inside Notre Dame Cathedral

May 06, 2019 — James Tarmy & Eugene Reznik - Bloomberg
Paris’s Notre Dame cathedral took more than 200 years to build and just a few hours to burn. The structure’s construction began in the 12th century; six hundred years later, it was rehabilitated by Napoleon in the 1800s. In the interim, kings were crowned underneath its monumental stained glass windows even as the city around it rose, fell, and rose again. It has served as the setting of numerous historical events, including Napoleon’s coronation in 1804. In August 1944, a special mass in the cathedral attended by General Charles de Gaulle was held to celebrate the liberation of Paris from the Nazis. The spire contained relics of Saint Denis and Saint Genevieve, the patron saints of Paris, according to Laurent Ferri, a curator in the Division of Rare and Manuscript Collections at Cornell University and former conservateur du patrimoine at the French National Archives. The archbishop of Paris placed the relics at the summit of the church in 1935 to protect the building. “They are now likely reduced to ashes,” Ferri says. Reprinted courtesy of James Tarmy, Bloomberg and Eugene Reznik, Bloomberg Read the court decision
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When Construction Defects Appear, Don’t Choose Between Rebuilding and Building Your Case

October 11, 2021 — Curtis Martin - ConsensusDocs
When construction defects occur during construction, they intensify pressure from a schedule that may already be tight. Defects must be analyzed, confirmed, removed, and replaced and this can be time consuming. Or course, a construction schedule rarely anticipates defects, demolition, and rework and the owner will still expect the project to be completed on time; however, pressing forward with immediate remediation may have unintended consequences. Before starting demolition, consider the evidentiary doctrine of spoliation. Spoilation occurs when a party destroys or unreasonably deprives another party of evidence and courts have imposed sanctions on a party that deprives an opponent of evidence. The doctrine has historically concerned documents, but its application has extended to electronic data, and courts also apply it to building conditions in construction defects cases. So, before tearing out or fixing defective work, consider the need to allow the opposing party to inspect, test and document it. Imagine this scenario. The concrete in a slab placed by your subcontractor shows low compressive strength results in the 28-day cylinder tests. Tearing out the slab and replacing it will put you at least a month behind schedule and you don’t want to waste any time before removing and replacing it. Nevertheless, while you’re rebuilding the defective slab, be mindful that you are also building a case. If you plan to recover the costs you incur because of the defective concrete from the responsible parties, you should allow the subcontractor (and possibly the concrete supplier and other implicated parties) to examine, preserve, and/or test the work in question. Failure to do so may subject you to spoliation sanctions and jeopardize your right to recover damages. Read the court decision
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Reprinted courtesy of Curtis Martin, Peckar & Abramson
Mr. Martin may be contacted at cmartin@pecklaw.com

Kiewit Selected for Rebuild of Collapsed Baltimore Bridge

September 02, 2024 — Jim Parsons - Engineering News-Record
Kiewit Infrastructure Co. has been tapped to rebuild Baltimore’s I-695/Francis Scott Key Bridge under a progressive design-build procurement announced Aug. 29 by the Maryland Transportation Authority (MDTA). Work on the expected four-year reconstruction effort is scheduled to begin next year. Reprinted courtesy of Jim Parsons, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story... Read the court decision
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Best Lawyers Honors 43 Lewis Brisbois Attorneys, Recognizes Three Partners as 'Lawyers of The Year'

September 14, 2020 — Lewis Brisbois
Best Lawyers has selected 43 Lewis Brisbois attorneys across 25 offices for inclusion in its list of 2021 Best Lawyers in America. It has also recognized three Lewis Brisbois partners as "Lawyers of the Year": Los Angeles Partner Jon P. Kardassakis (Mass Tort Litigation / Class Actions - Defendants); Roanoke Partner Paul C. Kuhnel (Medical Malpractice Law - Defendants); and Northwest Indiana Managing Partner Renee J. Mortimer (Personal Injury Litigation - Defendants). Please join us in congratulating these three partners and the following attorneys on their Best Lawyers recognition. Reprinted courtesy of Lewis Brisbois Read the full story... Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES