Seattle Washington Building Expert Directory

Concurrent Causation Doctrine Applies Where Natural and Man-made Perils Combine to Create Loss

January 19, 2017 — Tred R. Eyerly – Insurance Law Hawaii
The Florida Supreme Court resolved a conflict between the District Courts in applying the Concurrent Causation Doctrine where there were multiple causes creating the loss. Sebo v. Am. Home Assur. Co., 2016 Fla. LEXIS 2596 (Fla. Dec. 1, 2016). After purchasing his home, John Sebo procured an "all risks" homeowners policy provided by American Home Assurance Company (AHAC). Shortly after Sebo purchased the property, water began to intrude the home during rainstorms. Major water leaks occurred. It became clear that the home suffered from major design and construction defects. In October 2005, Hurricane Wilma further damaged the home. AHAC denied coverage for most of the claimed losses. It provided $50,000 for mold. The residence could not be repaired and was eventually demolished. 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

Missouri Asbestos Litigation Reform: New Bill Seeks to Establish Robust Disclosure Obligations

March 15, 2021 — Jennifer B. Pigeon - Lewis Brisbois
Missouri State Senator Eric Burlison is reviving attempts to reform asbestos litigation in the State of Missouri through the introduction of SB 331. This bill was pre-filed on December 29, 2020 and first read on January 6, 2021. The bill establishes disclosure procedures for claimants in asbestos-related lawsuits. Specifically, the bill, if passed, would require claimants in civil asbestos-related lawsuits to file a sworn information form within 30 days of filing an asbestos-related lawsuit. The required disclosures under SB 331 include, but are not limited to (1) each asbestos-containing product to which the exposed person was exposed and each physical location at which the exposure occurred; (2) the identity of the manufacturer or distributor of specific asbestos-containing products for each named exposure; (3) the specific location and manner of each exposure; (4) the beginning and end dates of each exposure, the frequency and length of each exposure, and the proximity of the asbestos-containing product or its use to the exposed person; and (5) a certification that any claim that can be made with a bankruptcy trust concerning any asbestos injury to the exposed person has been filed. Read the court decision
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Reprinted courtesy of Jennifer B. Pigeon, Lewis Brisbois
Ms. Pigeon may be contacted at Jenna.Pigeon@lewisbrisbois.com

Dreyer v. Am. Natl. Prop. & Cas. Co. Or: Do Not Enter into Nunn-Agreements for Injuries that Occurred After Expiration of the Subject Insurance Policy

January 20, 2020 — Jean Meyer - Colorado Construction Litigation
While Nunn-Agreements[1] may be appealing for both plaintiffs and defendants where an insurer unreasonably fails to defend a lawsuit, a recent opinion from The Honorable Marcia Krieger in the United States District Court of Colorado[2] (“Opinion”) demonstrates the importance of first confirming that there exists a viable insurance claim before proceeding with such a Nunn- Agreement. The facts giving rise to the Opinion were as follows. In March 2015, a Homeowner couple (the “Homeowners”) suffered damages to their home resulting from a brushfire. Fortunately, the Homeowners were insured, they submitted their claim to their homeowners’ insurance carrier which was in effect at the time of the brushfire (the “Insurance Carrier”), and the Insurance Carrier paid the claim. Ostensibly as part of the Homeowners’ remediation efforts to their home they removed a large bush which left a hole in the ground. After paying the claim, in August 2015 the Insurance Carrier cancelled or elected not to renew the Homeowners’ policy. In October 2015, a repairman working on the Home (the “Repairman”) was injured after his ladder fell over allegedly because of the hole in the ground caused by the bush that had been removed. As a result of injuries caused by the fall from the ladder, the Repairman brought suit against the Homeowners. In response to the Repairman’s claim, the Homeowners again tendered to their Insurance Carrier. This time, however, the Insurance Carrier denied coverage on the basis that the Repairman’s injuries occurred after the expiration of the relevant policy. Without insurance coverage, the Homeowner’s entered into a Nunn-Agreement with the Repairman, conceding liability, and assigning any claims they might have had against the Insurance Carrier in lieu of execution of any judgment against the Homeowners. Read the court decision
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Reprinted courtesy of Jean Meyer, Higgins, Hopkins, McLain & Roswell, LLC
Mr. Meyer may be contacted at meyer@hhmrlaw.com

Homebuilding Held Back by Lack of Skilled Workers

June 28, 2013 — CDJ STAFF
Home construction in Michigan could surge by thirty-seven percent this year, if the workers are there to build these houses. Aaron Rigozzi, the owner of Semper Fi Construction, told the Detroit Free Press that at the height of the boom he had fourteen employees whose wages reached $25 an hour. Now his firm has filed for bankruptcy and has only three employees. The top wage is $16 an hour. He also has the problem of people whose skills are less than what they claim. “You can hire people and they say they can do this or that, but they really can’t.” The Home Builders Association of Michigan says that this is stretching out the time to complete a new house by months, and leading homeowners who are looking for a contractor stranded for weeks. In 2012, more home permits were taken out than in any year since 2008. Read the court decision
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Homeowner’s Policy Excludes Coverage for Loss Caused by Chinese Drywall

November 18, 2011 — Tred R. Eyerly - Insurance Law Hawaii

Exclusions barred the homeowners from recovering for losses caused by Chinese drywall in their home. Ross v. C. Adams Const. & Design, L.L.C., 2011 La. App. LEXIS 769 (La. Ct. App., released for publication Oct. 5, 2011).

Two years after purchasing their home, the Rosses began experiencing chronic malfunctions in the heating, ventilation and air conditioning system. After discovering the presence of gypsum drywall, or "Chinese drywall", they submitted a claim to their insurer, Louisiana Citizens Property Insurance Company, for damages caused by the Chinese drywall. Louisiana Citizens denied the claim.

The Rosses sued. The trial court granted summary judgment to Louisiana Citizens based upon exclusions in the policy.

On appeal, the appellate court first agreed the Rosses had sustained a direct physical loss. The inherent qualities of the Chinese drywall created a physical loss to the home and the drywall had to be removed and replaced.

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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii. Mr. Eyerly can be contacted at te@hawaiilawyer.com

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Motion to Dismiss Insureds' Counterclaim on the Basis of Prior Knowledge Denied

September 04, 2018 — Tred R. Eyerly - Insurance Law Hawaii
The insurer unsuccessfully moved to dismiss portions of the insureds' counterclaim based upon prior knowledge. Hudson Spec. Ins. Co. v. Talex Enter., 2018 U.S. Dist. LEXIS 105598 (S. D. Miss. June 25, 2018). The insureds' building collapsed in McComb, Mississippi. Pubic utilities were damaged and traffic disrupted. The City sued the insured, alleging that the building collapsed because there was too much water gathered on its roof. The City further alleged that the insureds knew too much water was on the roof because they had been told by someone hired to clean the drain that it was clogged and by a contractor that the roof was so damaged that it could not safely be repaired. 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

COVID-19 Business Closure and Continuity Compliance Resource

March 30, 2020 — Adam Chelminiak, Joshua Mooney & Ryan Udell - White and Williams LLP
In less than a few weeks’ time, COVID-19 has changed the way we live and work. Businesses, large and small, have had to grapple with unprecedented challenges, including orders to close or significantly curtail operations in order to stem the transmission of the coronavirus. Often, these orders have not been clear or businesses are unsure whether they fit in a category that is deemed essential, life sustaining or other similar category that permits them to continue to operate. Or, the business believes that it is necessary for it to continue to operate for reasons that may not have been apparent to the governmental authority issuing the order. White and Williams has been busy assisting our clients in Connecticut, Delaware, Massachusetts, New Jersey, New York, Pennsylvania, Rhode Island and other states in understanding these orders. Below are government orders, and related resources, that have been announced and/or are currently in effect. White and Williams will continue to monitor these orders and add additional orders and resources as they are announced. Reprinted courtesy of White and Williams LLP attorneys Adam Chelminiak, Joshua Mooney and Ryan Udell Mr. Chelminiak may be contacted at chelminiaka@whiteandwilliams.com Mr. Mooney may be contacted at mooneyj@whiteandwilliams.com Mr. Udell may be contacted at udellr@whiteandwilliams.com Read the full story for government orders, and related resources, that have been announced and/or are currently in effect. Read the court decision
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Tropical Storms Pile Up Back-to-Back-to-Back Out West

September 17, 2014 — Brian K. Sullivan – Bloomberg
Tropical Storm Polo, the 16th storm of an unusually active eastern Pacific hurricane season, is on a path eerily like that of Odile, which blasted the Baja California peninsula earlier this week. Odile went ashore late Sept. 14 with top winds of 125 miles (201 kilometers) per hour, the strongest storm to hit the region since 1967. As its winds swept the resort city of Cabo San Lucas, it was a Category 3 storm on the five-step Saffir-Simpson scale and a major hurricane. At its peak, hours before landfall, Odile’s winds reached 135 mph, Category 4-force. Photos from Mexico’s Baja California Sur show houses destroyed, hotels piled with debris and gaping holes in the local airport. At least 30,000 tourists were stranded. Read the court decision
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Reprinted courtesy of Brian K. Sullivan, Bloomberg
Mr. Sullivan may be contacted at bsullivan10@bloomberg.net

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