Seattle Washington Building Expert Directory

Cross-Office Team Secures Defense Verdict in Favor of Client in Asbestos Case

November 18, 2024 — Lewis Brisbois Newsroom
St. Louis/Kansas City, Mo. (October 23, 2024) - St. Louis Partners Tracy J. Cowan and Karen M. Volkman, along with Kansas City Partner Vincent Gunter, secured a defense verdict in a Jackson County, Missouri matter on behalf of a Lewis Brisbois client, which was the successor-in-interest to a life, health and reinsurance firm, against claims brought by an individual who worked in the corporate headquarters and was diagnosed with mesothelioma. Background The plaintiff was 62 years old when she was diagnosed with mesothelioma. She worked as a clerk for several years in the 1970s in a 19-story office building that opened in 1963. The plaintiff claimed construction work being performed in the areas where she worked exposed her to asbestos from above the suspended ceiling. The beams and girders in the building were fireproofed with sprayed-on insulation. Although the plaintiff did not perform any maintenance work, she relied on evidence from several operating engineers who worked above the ceiling near the fireproofing to establish the presence of asbestos in the building. The plaintiff submitted claims for negligence and unsafe workplace. At the beginning of trial, the LBBS client had a pending motion for summary judgment on the grounds that the plaintiff’s exclusive remedy was governed by the Missouri Workers’ Compensation Law. The Court denied a motion to continue the trial and submitted the workers’ compensation issue as an affirmative defense. Read the court decision
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Reprinted courtesy of Lewis Brisbois

Following California Law, Federal Court Adopts Horizontal Allocation For Asbestos Coverage

May 19, 2014 — Tred R. Eyerly – Insurance Law Hawaii
Following California law, the federal district court adopted horizontal allocation to settle a dispute among carriers for an insured sued for selling asbestos products. New England Fire Ins. Corp. v. Ferguson Enterprises, Inc., Civil No. 3:12cv948 (D. Conn. April 8, 2014) [ruling here] The insured was a California-based corporation that sold plumbing supply products that contained asbestos. The insured was named in numerous asbestos-related lawsuits that were filed largely in California. The insured had primary and excess coverage for bodily injury claims. New England Fire Insurance issued an excess policy to the insured. The policy provided the insurer would be liable for the ultimate new loss in excess of the insureds underlying limit, which was defined as the amount equal to the limits of the underlying insurance, plus the applicable limits of any other underlying insurance collectible by the insured. 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

U.S. Tornadoes, Hail Cost Insurers $1 Billion in June

July 09, 2014 — Kelly Gilblom – Bloomberg
Tornadoes, hail and windstorms that pounded the U.S. from the Rocky Mountains to the Tennessee Valley last month will probably cost insurers more than $1 billion, Aon Plc said in a report. Hailstorms and winds greater than 90 miles an hour (145 kilometers) in June caused billions of dollars of economic losses, led by a full week of storms early in the month, the London-based insurance broker said today. More than 300 tornadoes hit the U.S. last month, compared with 125 a year earlier and 111 in June 2012, according to preliminary data from the National Weather Service’s Storm Prediction Center. May, June and July tend to be the worst months for twisters, it said. Severe weather from June 3 to June 9 this year killed three people and led to more than 100,000 claims, Aon said. Later in the month, “hail and winds gusting to hurricane strength tracked eastward,” the broker said in its report. The storm “shattered windows, punctured roofs and downed trees onto homes, structures and vehicles.” Read the court decision
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Reprinted courtesy of Kelly Gilblom, Bloomberg
Ms. Gilblom may be contacted at kgilblom@bloomberg.net

US Supreme Court Backs Panama Canal Owner in Dispute with Builders

May 20, 2024 — C.J. Schexnayder - Engineering News-Record
A long-running legal battle over the concrete used in construction of the Panama Canal's third lane expansion locks has reached its end in U.S. courts—with the U.S. Supreme Court on March 26 upholding a $271.8-million award to the project owner, the Panama Canal Authority, against its contractor group, Grupo Unidos por el Canal. Reprinted courtesy of C.J. Schexnayder, Engineering News-Record Mr. Schexnayder may be contacted at schexnayderc@enr.com Read the full story... Read the court decision
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Four White and Williams Lawyers Recognized as "Lawyer of the Year" by Best Lawyers®

September 19, 2022 — White and Williams LLP
White and Williams is proud to announce that Chuck Eppolito, Michael Kassak, Anthony Miscioscia and Christian Singewald have been recognized by U.S. News – Best Lawyers® as a “Lawyer of the Year” in their respective practices. "Lawyer of the Year" recognitions are awarded to individual lawyers with the highest overall peer-feedback for a specific practice area and geographic location. Chuck Eppolito was named in the area of Litigation - Heath Care in Philadelphia, PA. His practice consists primarily of medical malpractice defense as well as other insurance-related defense, including general negligence, electrical engineering and product liability issues in utilities cases. Chuck's clients include hospitals and physicians throughout Pennsylvania, utility companies and insurance carriers, including primary, excess and reinsurance, throughout the nation. Read the court decision
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Reprinted courtesy of White and Williams LLP

Home Buyers will Pay More for Solar

February 05, 2015 — Beverley BevenFlorez-CDJ STAFF
The National Association of Home Builders’ (NAHB) Eye on Housing reported that a study’s results “found that homebuyers are willing to pay more for homes that have installed solar photovoltaic (PV) energy systems.” The team of researchers led by the U.S. Department of Energy’s Berkeley Laboratory “estimates a price premium of approximately $4 per watt of PV installed. For a typical PV system, the research team found that this translates into a price premium of $15,000.” Furthermore, according to the NAHB, the study “suggests that the presence of energy-efficient home features is among the most important concerns for prospective home buyers.” Read the court decision
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The Anatomy of a Construction Dispute Stage 3- The Last Straw

January 28, 2015 — Christopher G. Hill – Construction Law Musings
Over the past two weeks here at Construction Law Musings, I’ve discussed the first two stages of a typical construction dispute (if such a thing exists): the claim, and how to bring heat short of litigation/arbitration. As promised, this week I’ll be discussing the next step or “last straw” in a construction dispute, namely, arbitration or litigation to enforce all of those rights that you preserved in the first two stages. Construction litigation is expensive, time consuming, and, quite frankly, a pain in the neck. Because of this fact, I almost always recommend that my construction clients exhaust all of the non-litigation methods (including mediation of course) of resolving their disputes prior to “going nuclear” and filing suit. Unfortunately, even the most diligent attempts at less formal resolution means can be unfruitful and more formal means become necessary. Read the court decision
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Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Atlantic City Faces Downward Spiral With Revel’s Demise

August 13, 2014 — Terrence Dopp – Bloomberg
The shuttering next month of Revel, the $2.6 billion hotel and casino that was meant to usher in a new era of opulence in Atlantic City when it opened in 2012, is set to quicken the seaside community’s downward spiral. Five years after the longest recession since the 1930s, hotel rooms sit vacant and revenue keeps falling in what was once the second-largest U.S. casino market. New Jersey Governor Chris Christie’s turnaround plan for the municipality, begun in 2011 and hinged on Revel’s success, hasn’t delivered, prompting Moody’s Investors Service to cut the city’s $245 million of general-obligation debt to junk last month. Read the court decision
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Reprinted courtesy of Terrence Dopp, Bloomberg
Mr Dopp may be contacted at tdopp@bloomberg.net

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