Seattle Washington Building Expert Directory

New Jersey Legislation Would Bar Anti-Concurrent Causation Clause in Homeowners' Policies

June 08, 2020 — Tred R. Eyerly - Insurance Law Hawaii
A bill prohibiting the use of anti-concurrent causation clauses in homeowners' insurance policies has been introduced before the New Jersey legislature. The bill is here. Under an anti-concurrent causation clause, the policy bars coverage if two perils (i.e., wind and water damage) contribute to a loss and one peril is excluded from coverage. For example, wind damage alone may be covered, while water damage is excluded. If both wind and water contribute to the loss, regardless of the degree to which each peril contributes, the anti-concurrent causation clause would bar coverage. New Jersey S 217 states,

An insurer authorized to transact the business of homeowners insurance in this state shall not exclude coverage in a homeowners insurance policy for loss or damage caused by a peril insured against under the terms of the policy on the grounds that the loss or damage occurred concurrently or in any sequence with a peril not insured against under the terms of the policy. Any such provision to exclude coverage shall be void and unenforceable.

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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Understand Agreements in Hold Harmless and Indemnity Provisions

June 06, 2022 — Jeffrey Cavignac - Construction Executive
One of the most important provisions in a construction contract is the indemnity provision. An indemnity provision, which usually includes a requirement to hold harmless and defend another party, is included in nearly all construction contracts. Generally speaking, the upstream party (a general contractor or owner, for example) is attempting to shift risk to a downstream party (the general contractor or a subcontractor). In simple terms, subject to certain parameters, the downstream party is agreeing to be responsible for the upstream parties’ mistakes. DEFINING INDEMNIFICATION Insurance brokers focused on development and construction businesses get asked frequently: “If we sign this, are we insured?” It would be great if this could be answered “yes” or “no,” but life is rarely that straightforward. To understand whether a specific indemnification is insurable, we have to drill down on the actual provision. Let’s look at a typical indemnification below:

“To the fullest extent permitted by law the Contractor shall indemnify, defend and hold harmless the owner, architect, architect’s consultants and agents and employees of any of them from and against any claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the work whether caused in whole or in part by the contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable.”

Reprinted courtesy of Jeffrey Cavignac, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Residential Mortgage Lenders and Servicers Beware of Changes to Rule 3002.1

December 08, 2016 — James C. Vandermark & Amy E. Vulio – White and Williams LLP
This December, residential mortgage lenders and servicers will be required to comply with new requirements for providing notices of payment changes (PCNs) and post-petition fees, expenses, and charges (PPFNs) to mortgage borrowers in Chapter 13 bankruptcies. While the new Federal Bankruptcy Rule 3002.1 will provide much needed clarity, it will also significantly increase the number of PCNs and PPFNs that lenders will need to file. Reprinted courtesy of James C. Vandermark, White and Williams LLP and Amy E. Vulio, White and Williams LLP Mr. Vandermark may be contacted at vandermarkj@whiteandwilliams.com Ms. Vulpio may be contacted at vulpioa@whiteandwilliams.com Read the court decision
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Insured's Testimony On Expectation of Coverage Deemed Harmless

August 30, 2017 — Tred R. Eyerly - Insurance Law Hawaii
Affirming the district court, the Third Circuit found that the insured's testimony that she expected her loss to be covered was harmless. Gordon v .Allstate Prop. & Cas. Ins. Co., 2017 U.S. App. LEXIS 13507 (3rd Cir. July 26, 2017). After a storm, portions of the stone facade of the insured's home collapsed. Allstate denied coverage because her policy was limited to "sudden and accident physical loss to the property" caused by a named peril, including windstorm. Allstate contended that the damage to the home was caused by neglect, not the storm. 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

Traub Lieberman Partner Stephen Straus Wins Spoliation Motion in Favor of Defendant

June 05, 2023 — Stephen D. Straus - Traub Lieberman
Traub Lieberman Partner Steve Straus represented a refrigeration installation and service company in a subrogation action filed by a property insurer after paying a claim related to extensive water damage at premises on Long Island, New York. The premises owner purchased a refrigerator, which was sold without a hose to connect to the water source inside the premises. The defendant retailer retained Traub Lieberman’s client to install the refrigerator. Rather than complete the installation using a new water line, the installer used the existing line from the refrigerator that was being replaced. Approximately one week after installation, the owner’s son discovered water on the floor near the refrigerator, and significant water damage in the basement of the residence. The owner filed a claim with the insurer, which sent an investigator to the premises. The retailer also sent a technician to investigate and replace the water supply line. It was reportedly determined that the original line had failed, causing the water release. After the repair, the owner’s son took possession of the old water line, which he kept for a couple of years and then discarded. The insurer initiated a subrogation action against the retailer and the installation company, alleging that the water release was caused by the defendants’ failure to replace the water line when the new unit was installed. Plaintiff claimed that photographs of the old line established that it had been damaged or defective. Read the court decision
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Reprinted courtesy of Stephen D. Straus, Traub Lieberman
Mr. Straus may be contacted at sstraus@tlsslaw.com

Greg Dillion & Newmeyer Dillion Named 2019 Good Scout Award Recipient

November 24, 2019 — Newmeyer Dillion
Newmeyer Dillion, a prominent business and real estate law firm, today announced Greg Dillion and the firm were named the 2019 Good Scout Award recipient by the Boy Scouts of America, Orange County Council. Dillion and the firm were recognized at the 38th annual Construction Industry Luncheon on November 18th at Hotel Irvine in Irvine, CA. The award is given to individual/company in recognition of their outstanding character, leadership in their industry and commitment to their community. "When reviewing the 12 points of the Scout's law, with each point as a goal for every Scout to live up to, the two that stand out the most for me that Greg embodies are that Greg is 'helpful' and Greg is 'brave,'" says Newmeyer Dillion's Managing Partner Paul Tetzloff, who served as Master of Ceremonies for this year's award. "Greg has the instantaneous willingness to help, and he will make the time to help even when he has no time to do so. Greg never runs and he never backs down. He is the person that we look up to. He never hesitates, and he never blames. He only moves forward. I've been blessed in my life to be around and influenced by some tremendous leaders. Greg is the real deal. The Boy Scouts could not have picked a better man to honor." Greg Dillion is a founding partner of Newmeyer Dillion. Established 35 years ago, the firm has grown from three attorneys to over 70 in three offices. Along with an active trial and appellate public and private practice, Dillion represents residential and commercial developers and other businesses in complex and high stakes business, insurance, real estate and construction disputes. He also advises on insurance policy placement and review; risk avoidance, transfer and management; and alternative dispute resolution methods, techniques and enforceability. Dillion is active in the community in which he serves, as a supporter of numerous charities and non-profit organizations like the American Cancer Society, Boys Scouts of America, The City of Hope, Interval House, Joyful Child, The Catalina Conservancy, Orangewood Foundation, The Shea Center, The Catalina Cowboy Heritage Foundation and more. He currently sits on the Board for the Surfing Heritage & Culture Center and the Los Caballeros. Learn More: https://www.newmeyerdillion.com/gregory-l-dillion/ https://vimeo.com/374510243/a587df2eaa About Newmeyer Dillion For 35 years, Newmeyer Dillion has delivered creative and outstanding legal solutions and trial results for a wide array of clients. With over 70 attorneys practicing in all aspects of corporate, employment, real estate, privacy & data security and insurance law, Newmeyer Dillion delivers legal services tailored to meet each client's needs and takes an integrated and holistic approach to its legal representation that propels each clients' vision, mission, culture, operations, peace of mind and bottom line. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit www.ndlf.com. Read the court decision
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Shaken? Stirred? A Primer on License Bond Claims in California

July 14, 2016 — Garret Murai – California Construction Law Blog
Shaken? Stirred? A bit hot under the tuxedo collar perhaps? Maybe it’s time for a martini. Or two. When your project’s a mess, your contractor isn’t returning your calls, and you don’t have a license to kill it’s only natural that you would want to go after that other license: the contractor’s license bond. However, except for smaller claims, or situations where you discover that the contractor is or might be judgment-proof, going after a contractor’s license bond isn’t necessarily the panacea many might hope it to be. Read on to learn why. What is a license bond? First, a license bond is not insurance. While insurance is typically limited to property damage and personal injury, a license bond covers a contractor’s violation of the Contractors State License Law. All California contractors are required to have on file a license bond (or, alternative, such as a cash deposit) with the California Contractors State License Board (“CSLB”). Read the court decision
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Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

Construction Upturn in Silicon Valley

August 17, 2011 — CDJ STAFF

Work resumed after nearly three years on an office tower in Santa Clara, according to the San Jose Mercury News. Work had stalled on the building due to the economy, but now the developer is planning a second five-story building on the site. Other dormant projects in the area are also getting restarted. Santa Clara County saw the addition of 1,800 construction jobs in June.

A spokesperson for the Operating Engineers Local 3 in Alameda told the paper, “two years ago we had five thousand folks on the out-of-work list. It’s now down to about 1,700.”

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SEATTLE WASHINGTON BUILDING EXPERT DIRECTORY AND CAPABILITIES