Fairfield Connecticut Building Expert Directory

Lewis Brisbois Listed on Leopard Solutions Top 10 Law Firm Index

March 21, 2022 — Lewis Brisbois
New York, N.Y. (March 17, 2022) – Lewis Brisbois has been listed as a top 10 firm by Leopard Solutions in its annual rankings list of the healthiest law firms in 2021 across the country. Lewis Brisbois was ranked 7th on the list, with a “very good” score of 439. Other firms in the top 10 include Kirkland & Ellis, Greenberg Traurig, and Latham & Watkins. The Leopard Law Firm Index provides insight into law firm health and stability, using a robust list of criteria. This includes attorney growth and retention, financial stability over time, lateral recruiting success, an "Insider Score" based on surveys of attorneys at firms about their workplace (done in partnership with Above the Law), attorney promotions, and overall diversity. Leopard Solutions is a provider of business development solutions and market research reports, for law firms, legal recruiters, and legal departments. Read the court decision
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Reprinted courtesy of Lewis Brisbois

What You Don’t Know About Construction Law Can Hurt Your Engineering Firm (Law Note)

January 28, 2019 — Melissa Dewey Brumback - Construction Law in North Carolina
Welcome to a new year! By now, you’ve eaten the last of the Christmas cookies, opened all of your presents, and rung in 2019. Back to business, right? The new year is always a good time to remind your employees, and yourself, that there are no shortcuts on the success train. Sure, you can sometimes skate by for awhile, but karma has a way of catching up with you. One thing to keep in mind is that if you practice in multiple states: be sure you are well aware of the rules and regulations concerning your license in each state. Each state does things a little differently, and what may be perfectly acceptable in one state may not be in another state. Read the court decision
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Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett PLLC
Ms. Brumback may be contacted at mbrumback@rl-law.com

In Kansas City, a First-Ever Stadium Designed for Women’s Sports Takes the Field

December 17, 2024 — Mark Byrnes - Bloomberg
The Kansas City Current won its first-ever at-home playoff match on Nov. 9, a breakthrough for the team playing its fourth season in the National Women’s Soccer League. Although the Current’s postseason push ended a week later in a semifinals loss, women’s soccer nevertheless returns to Kansas City, Missouri, for the national championship on Nov. 23. The title match will be a landmark for all of women’s sports: CPKC Stadium, the new home for the Current and host of the NWSL championship game, is the first purpose-built women’s professional sports stadium in the world. Designed by Generator Studio, a women-led firm based in Kansas City, CPKC Stadium gives the young franchise a permanent base while providing inspiration for other women’s clubs looking for equal footing in an increasingly competitive and expensive era of stadium development. The Current played their first match at CPKC Stadium to a sellout crowd this spring, and attendance hasn’t dropped since. Read the court decision
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Reprinted courtesy of Mark Byrnes, Bloomberg

KF-103 v. American Family Mutual Insurance: Tenth Circuit Upholds the “Complaint Rule”

May 12, 2016 — Adria Robinson – Colorado Construction Litigation
In Colorado, the “complaint rule” requires insurance carriers to provide a defense to its insured when the allegations contained in the complaint allege any set of facts that may fall within an insurance policy. Some insurers have pushed back on this rule arguing that it may cause an insurer to exercise its duty to defend although the underlying facts ultimately do not fall within the policy. In KF 103-CV, LLC v. American Family Mutual Insurance Company, 2015 WL 6517782, the Tenth Circuit of the United States Court of Appeals upheld the complaint rule. In its decision, the Tenth Circuit cited several Colorado state court rulings recognizing the courts’ intent to incentivize insurers to defend policies that may facially fall within the terms of the policy. Where there is uncertainty about coverage, the Tenth Circuit cited a Colorado Supreme Court case stating, “[t]he appropriate course of action for an insurer who believes that it is under no obligation to defend, is to provide a defense to the insured under the reservation of its rights.” Read the court decision
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Reprinted courtesy of Adria Robinson, Higgins, Hopkins, McLain & Roswell, LLC
Ms. Robinson may be contacted at robinson@hhmrlaw.com

Providing Your Insurer Prompt Notice

May 20, 2024 — David Adelstein - Florida Construction Legal Updates
Sometimes, when it comes to insurance, you may hear the argument that you breached your insurance policy by failing to provide your insurer with prompt notice as the insurance policy requires. Well, this is not such an absolute issue. With that said, you should absolutely provide your insurer with prompt notice of a claim or loss. No legitimate reason not to. But, if you don’t, it is not an absolute get out of jail free card for your insurer, but it does give them a good argument, which you don’t really want to deal with. In Gulfpoint Construction Co., Inc. v. Westfield Ins. Co., 2024 WL 1759228 (11th Cir. 2024), an insured appealed a trial court’s ruling that found it did not provide prompt notice to its property insurer as the policy required. In this case, notice was provided two years after a loss from a hurricane. The insurer denied coverage and, in doing so, relied on the insured’s failure to provide prompt notice. Although the trial court agreed, the appellate court found this was a genuine issue of material fact. 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

Motion for Reconsideration Challenging Appraisal Determining Cause of Loss Denied

November 16, 2023 — Tred R. Eyerly - Insurance Law Hawaii
The court rejected the insurer's motion for reconsideration attempting to set aside the appraisal award that determined the cause of loss. Mesco Mfg., LLC v. Motorists Mut. Ins. Co., 2023 WL 5334659 (S.D. Ind. Aug. 18, 2023). Mesco suffered a loss to the roofs of its facilities due to hail damage. Mesco sued Motorists alleging it breached the policy by failing to pay the full amount of the claim. The claim went to appraisal. The policy's appraisal provision reserved Motorists' right to deny the claim despite an appraisal going forward. The appraisal award noted that the loss was caused by hail. Cross-motions for summary judgment were filed. The court found that Motorists had breached the policy by failing to pay the arbitration award and granted summary judgment to the insured. The "right to deny" clause did not give Motorists the unfetterd right to disregard the umpire's award if it disgreed about the amount of loss caused by hail. The only dispute was whether the damage was caused by hail, and the umpire found that it was. 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

Pollution Exclusion Bars Coverage for Damage Caused by Tar Escaping From Roof

October 27, 2016 — Tred R. Eyerly – Insurance Law Hawaii
The insurer prevailed on summary judgment establishing it had no duty to defend the insured roofing contractor for damage caused by tar escaping from a roof. Mesa Underwriters Spec. Ins. Co. v. Myers, 2016 U.S. Dist. LEXIS 108444 (W.D. Ohio Aug. 16, 2016). Myers contracted to do roofing work for Sireco III LLC. Myers removed stones from the roof, patched all bad sections, and sealed the roof. To seal the roof, Myers used a roofing-tar sealant. The substance was a skin irritant and harmful or fatal if swallowed. Myers expected the sealant to harden within twenty-four hours. When rain hit the area eleven days later, however, it washed the sealant off the roof and into the downspouts. It then flowed into the city's sewer system and eventually into Lake Erie. 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

Withdrawal Liability? Read your CBA

July 10, 2018 — Wally Zimolong – Supplemental Conditions
Withdrawal liability is a huge issue facing unionized employers. According to Bloomberg, 93% of the Top 200 largest pension plans are underfunded by a combined $382 billion. Contractors that withdraw from a multi-employer pension plan can face hundreds of thousands or millions of dollars in assessed withdrawal liability. However, employers may be able to avoid that liability, plus the legal and consulting fees to fight it, by simply reading their collective bargaining agreement. Read the court decision
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Reprinted courtesy of Wally Zimolong, Zimolong LLC
Mr. Zimolong may be contacted at wally@zimolonglaw.com

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