Fairfield Connecticut Building Expert Directory

Indemnity Payment to Insured Satisfies SIR

March 11, 2014 — Tred Eyerly – Insurance Law Hawaii
In response to certified questions from the Eleventh Circuit, the Florida Supreme Court found that a contractual indemnity payment to the insured satisfied the policy's SIR requirement. Intervest Constr. of Jax v. Gen. Fid. Ins. Co., 2014 Fl. LEXIS 568 (Fla. Feb. 6, 2014). ICI Homes, Inc. a general contractor, hired Custom Cutting, Inc. to provide trim work, including installation of attic stairs in a residence ICI was building. Under the contract, Custom Cutting agreed to indemnify ICI for any damages resulting from Custom Cutting's negligence. The owner of the residence fell while using the attic stairs installed by Custom Cutting, injurying herself. The owner sued ICI, who sought indemnification from Custom Cutting. ICI's policy with General Fidelity had a $1 million SIR. The policy also had a transfer of rights clause granting the insurer some subrogation rights. The case was mediated. The parties agreed to a settlement of $1.6 million. Custom Cutting's insurer proposed paying $1 million to ICI to settle the indemnification claim. ICI, in turn, would pay that $1 million to the residence owner. A dispute arose over wither ICI or General Fidelity was responsible for paying the remaining $600,000. 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

To Ease Housing Crunch, Theme Parks Are Becoming Homebuilders

January 29, 2024 — Patrick Sisson - Bloomberg
For visitors, Universal Studios Florida offers a chance to visit a fantastical land full of wizards, Minions and various characters from NBC Universal’s many film and television properties. But for the roughly 28,000 men and women who work at the 840-acre theme park and resort complex in Orlando, the troubles of the real world — like the rising cost of housing — are not far away. Central Florida has seen some of the nation’s fastest pandemic-era rent increases, thanks to a confluence of job growth, migration and housing underproduction that has put a strain on residents. The average tenant in the region saw their monthly rent jump by $600 between early 2020 and early 2023. According to the National Low Income Housing Coalition, the Orlando-Kissimmee-Sanford metro area has one of the worst affordable housing shortages in the US, with only 15 available units for every 100 extremely low-income renter households. The dire need for workforce housing is behind the entertainment conglomerate’s latest project in Central Florida: a 1,000-unit mixed-use development, set to open in 2026, that promises to give tenants who work in the service industry a short commute to the constellation of tourist attractions and hotels nearby. To launch the project, Universal donated 20 acres of land adjacent to the Orange County convention center. Called Catchlight Crossings and built in partnership with local developer Wendover Housing Partners, the project broke ground in November. Read the court decision
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Reprinted courtesy of Patrick Sisson, Bloomberg

New York Court Permits Asbestos Claimants to Proceed Against Insurers with Buyout Agreements

December 06, 2021 — Patricia B. Santelle & Frank J. Perch, III - White and Williams LLP
A recent New York federal district court decision addresses a number of issues in the context of asbestos coverage involving an insolvent insured, holding that policy buyout agreements between the insured and its insurers did not bar actions by certain tort judgment creditors against some of the settling insurers, and further finding that such agreements can constitute fraudulent conveyances, especially where the proceeds of the settlement are not reserved for payment of insured claims. In the litigation pending in the Western District of New York (Mineweaser v. One Beacon Insurance Company, et al., No. 14-CV-0585A), certain asbestos plaintiffs sought recovery from excess insurers for judgments obtained against an insolvent asbestos supplier (Hedman Resources, formerly known as Hedman Mines), which ceased operations in 2007 due to insolvency. Hedman had at one time been a subsidiary of Gulf & Western. As of 2009-2011, the excess insurers of Gulf & Western were advised of exhaustion of primary insurance as well as Hedman’s insolvency. Reprinted courtesy of Patricia B. Santelle, White and Williams LLP and Frank J. Perch, III, White and Williams LLP Ms. Santelle may be contacted at santellep@whiteandwilliams.com Mr. Perch may be contacted at perchf@whiteandwilliams.com Read the court decision
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ADA Compliance Checklist For Your Business

February 06, 2019 — Danielle Carter - Bremer Whyte Brown & O'Meara LLP
The Americans with Disabilities Act (ADA) protects people with disabilities against discrimination in three important settings: 1. Employment (ADA Title I) 2. Government Services and Public Transportation (ADA Title II) 3. Commercial Facilities and Places of Public Accommodation (ADA Title III) Since business owners typically act as both employers and facility managers, they must pay careful attention to Title I and Title III of the ADA. A business owner’s ADA compliance checklist should include the following: 1. ADA Compliance Audit for Structural Accessibility. The ADA and its accompanying regulations set forth detailed legal standards and requirements for accessible design, which specify, for example, the minimum width of doors to conference rooms, the maximum height of public drinking fountains, and the maximum thickness of hallway carpeting. Many older buildings were built without features that accommodate people with disabilities, such that the ADA may require improvements to be made to existing facilities. Read the court decision
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Reprinted courtesy of Danielle Carter, Bremer Whyte Brown & O'Meara LLP
Ms. Carter may be contacted at info@bremerwhyte.com

Newmeyer & Dillion Named as One of the 2018 Best Places to Work in Orange County for Seventh Consecutive Year

August 15, 2018 — Newmeyer & Dillion
NEWPORT BEACH, Calif. – JULY 23, 2018 – Prominent business and real estate law firm Newmeyer & Dillion LLP is proud to be selected as one of the 2018 Best Places to Work in Orange County in the category of medium sized companies. This marks the seventh consecutive year Newmeyer & Dillion LLP has made the list, affirming that its profound commitment to professionalism and client service is shared among its workforce. The ranking was released in a special section of the Orange County Business Journal's July 23 issue. Jeff Dennis, Newmeyer & Dillion's Managing Partner, commends the effort of each employee in achieving this result. "Together, we strive to maintain an innovative, collaborative and creative culture that cannot be matched anywhere else, and we are sincerely grateful for each of our employees' ongoing commitment to the firm's values." The awards program was created in 2009 and is a project of the Orange County Business Journal and Best Companies Group. This county-wide survey and awards program was designed to identify, recognize and honor the best places of employment in Orange County, California, benefiting the county's economy, its workforce and businesses. For more information on the survey process for the Best Places to Work in Orange County program, visit www.BestPlacestoWorkOC.com or contact Jackie Miller at 877-455-2159. About Newmeyer & Dillion For more than 30 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 business, employment, real estate, construction and insurance law, Newmeyer & Dillion delivers legal services tailored to meet each client's needs. 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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Colorado Court of Appeals’ Ruling Highlights Dangers of Excessive Public Works Claims

August 26, 2024 — David M. McLain – Colorado Construction Litigation
In the case of Ralph L. Wadsworth Construction Company, LLC v. Regional Rail Partners (2024 COA 78), the Colorado Court of Appeals reviewed a complex contract dispute related to the design and construction of a transit rail line. The project, commissioned by the Regional Transportation District (“RTD”), involved a collaboration between Regional Rail Partners and Ralph L. Wadsworth Construction Company (“Wadsworth”) to build the North Metro Rail Line between Denver Union Station and Thornton. Key Facts:

Contracts and Payments: Regional Rail Partners contracted with Wadsworth to perform specific construction tasks with a total contract value of $60,210,783. By the time of the trial, Regional Rail had paid almost $58 million of this amount.
Disputes and Delays: The project faced numerous delays and disputes, leading to Wadsworth claiming significant financial damages attributed to these disruptions. In April 2018, Wadsworth’s expert estimated that Regional Rail owed them $12,408,496.60.

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Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell, LLC
Mr. McLain may be contacted at mclain@hhmrlaw.com

Three White and Williams Lawyers Named Top Lawyers by Delaware Today

December 07, 2020 — White and Williams LLP
White and Williams is pleased to announce that John Balaguer, Managing Partner of the Wilmington office, Partner Stephen Milewski and Counsel Dana Spring Monzo have been chosen by their peers as Delaware Today's 2020 "Top Lawyers." The annual list recognizes John, Steve and Dana in the practice area of Medical Malpractice for the Defense. John has over 30 years of experience defending complex tort cases and is recognized as one of the leading trial lawyers in the State of Delaware. Steve has over 15 years of experience as a trial lawyer specializing in healthcare law, particularly defending hospitals, doctors and healthcare providers in medical negligence cases. Dana's practice is focused on complex civil litigation, primarily medical malpractice. For more than a decade she has represented the interests of physicians, hospitals and healthcare providers in Delaware. Read the court decision
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Reprinted courtesy of White and Williams LLP

City Sues over Leaking Sewer System

October 25, 2013 — CDJ STAFF
The city of Storm Lake, Iowa completed a $3.6 million sewer project only year ago, but the system is leaking untreated water into residents properties. The Pilot-Tribune reports that “not all the sewage lines broke,” but the city still needed to check the entire system for damage. The Southwest Shoreline Sanitary District has filed a lawsuit against Lessard Contracting, the firm that built the system. Bob Bergendoff, one of the sanitary district trustees said that “the main thing right now is whether the lines are properly installed.” Steve Anderson, another trustee, said that discussions with Lessard are getting “next to nowhere.” Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES