Fairfield Connecticut Building Expert Directory

Insurance Lawyers Recognized by JD Supra 2020 Readers' Choice Awards

June 29, 2020 — Timothy Carroll, Anthony Miscioscia & Gus Sara - White and Williams
Congratulations to Anthony Miscioscia, partner and Co-Chair of the Insurance Coverage and Bad Faith Group, and associate Timothy Carroll who have been recognized as top authors in Insurance in the 2020 JD Supra Readers' Choice Awards. The Readers’ Choice Awards recognize top authors and firms for their thought leadership in key topics read by C-suite executives, in-house counsel, media, and other professionals across the JD Supra platform during 2019. Additionally, JD Supra recognized Subrogation counsel, Gus Sara’s alert "New Hampshire's Statute of Repose for Improvements to Real Property Does Not Apply to Product Manufacturers" as one of the most popular product liability articles in 2019. The Readers’ Choice Awards reflect a deep dive into JD Supra 2019 reader data, in which they studied total visibility and engagement among readers across many industries interested in certain defining topics. Along with a top firm in each category, JD Supra also features additional reader data, including the top five most-read articles, popular related topics, total number of authors, and other category-specific information. Reprinted courtesy of White and Williams LLP attorneys Timothy Carroll, Anthony Miscioscia and Gus Sara Mr. Carroll may be contacted at carrollt@whiteandwilliams.com Mr. Miscioscia may be contacted at misciosciaa@whiteandwilliams.com Mr. Sara may be contacted at sarag@whiteandwilliams.com Read the court decision
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Loss Ensuing from Faulty Workmanship Covered

April 28, 2014 — Tred R. Eyerly – Insurance Law Hawaii
The court found coverage for damage resulting from faulty workmanship. Drury Co. v. Mo. United Sch. Ins. Counsel, 2014 Mo. App. LEXIS 319 (Mo. Ct. App. March 25, 2014). The School District entered a contract with general contractor, Penzel Construction Company, Inc., to build an addition to a high school. Under the prime contract, the School District was to purchase property insurance, including builder's risk "all-risk" coverage. The policy was to cover the interests of the owner, the contractor, subcontractors and sub-subcontractors in the project. The School District obtained a policy from Missouri United School Insurance Counsel (MUSIC). Exclusions in the all-risk policy included loss due to faulty workmanship or materials, "unless loss by a peril not otherwise excluded ensues and then MUSIC shall be liable only for such ensuing loss." 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

Motion to Dismiss COVID Claim Granted in Part, Denied in Part

February 06, 2023 — Tred R. Eyerly - Insurance Law Hawaii
The insurer's motion to dismiss the insured's claim for business losses due to COVID-19 was granted in part, denied in part. SRL v Zurich Am. Ins Co., 2022 U.S. Dist. LEXIS 210058 (N.D. Ill. Nov. 21, 2022). Excelsior owned and managed the Westin Excelsior Rome, a luxury hotel in Rome. The hotel suffered business income losses with the onset of the pandemic.While the hotel was not forced to close, its bookings decreased to virtually nothing. The Excelsior's complaint alleged that the COVID-19 virus was present in and around the hotel as multiple guests and at least six employees tested positive for COVID-19. It further alleged that the virus attached to interior property and was in the air. Excelsior was insured under a commercial property policy issued by Zurich. The court agreed there was no direct physical loss because no structure suffered damage. Among the coverages under the policy, however, was a "Cancellation of Bookings" provision. Zurich agreed there was coverage under this provision, but argued that Excelsior had already reached its annual limit for Cancellation of Bookings claims. 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

Creeping Incrementalism in Downstream Insurance: Carriers are Stretching Standard CGL Concepts to Untenable Limits

October 17, 2023 — Eric M. Clarkson - Saxe Doernberger & Vita
In the construction sector, the importance of closely vetting downstream parties’ insurance has never been more critical. The markets have been hardening with no seeming end in sight and carriers are looking for any way to get an edge. Owners and general contractors need to be on the lookout for ever broader carrier-specific expansions of standard insurance provisions that are perilous for risk transfer. We are seeing more and more terms that go against the intent of ISO standard which is what is almost universally required in construction contracts. One area where carriers are deviating from standard concepts is within pre-existing injury or damage exclusions in Commercial General Liability (“CGL”) policies. It is almost a universal requirement that downstream parties provide additional insured coverage to owners and general contractors on ISO form CG 00 01. Generally, ISO standard language provides coverage for sums the insured becomes legally obligated to pay as damages because of bodily injury or property damage. One of the few main requirements to trigger coverage is that the injury or damage must occur during the policy period. Over the years, ISO standard language has evolved to exclude injury or damage if an insured or certain persons knew that it had occurred before the policy period. Additionally, injury or damage is deemed to have been known to have occurred under certain circumstances. Read the court decision
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Reprinted courtesy of Eric M. Clarkson, Saxe Doernberger & Vita
Mr. Clarkson may be contacted at EClarkson@sdvlaw.com

Developers Celebrate Arizona’s Opportunity Zones

May 24, 2018 — Patrick J. Paul - Snell & Wilmer Real Estate Litigation Blog
President Trump’s Tax Cuts and Jobs Act passed by Congress in December included a new community development program designed to promote investment in low income urban and rural communities. These “Opportunity Zones” provide that every Governor may nominate up to 25% of qualifying low-income Census tracts for consideration in the program which provides substantial reductions on capital gains taxes with the greatest benefits to those holding their investments for a period of at least 10 years. States were required by March 21st to submit nominations or request a 30 day extension to subsequently submit. The Treasury Department in turn has 30 days from the date of submission to designate the nominated zones. On April 9, 2018, the Treasury Department and the IRS formally dedicated opportunity zones in 18 states including Arizona. The Department will make future designations as submissions by the states that have requested an extension are received and certified. Read the court decision
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Reprinted courtesy of Patrick J. Paul, Snell & Wilmer
Mr. Paul may be contacted at ppaul@swlaw.com

Subcontractors Must be Careful Providing Bonds when General Contractor Does Not

April 05, 2017 — Christopher G. Hill – Construction Law Musings
After I wrote the title to this post, I thought, “Well, that says it all, doesn’t it?” I also considered the fact that for those that read this construction law blog on a regular basis, I am likely stating the obvious. I then thought about the fact that there can be confusion regarding the purpose of bonds versus insurance. Couple this with the fact that Murphy was an optimist, and I thought this would be a good reminder. Bonds and insurance have one fundamental difference between them. When your construction company buys insurance, that insurance is meant to protect your company. When your company provides a payment and/or performance bond, that bond is there not to protect your company but to protect everyone else on the job and the project itself. Where insurance will pay for your company’s qualifying errors so that that money does not come out of the bottom line, a bond contract will have an indemnification agreement whereby anything paid by the surety will then be reimbursed by you and your company dollar for dollar (as opposed to just the premium). Read the court decision
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Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Valerie A. Moore and Christopher Kendrick are JD Supra’s 2020 Readers’ Choice Award Recipients

July 13, 2020 — Christopher Kendrick & Valerie A. Moore – Haight Brown & Bonesteel LLP
Haight is thrilled to announce that Valerie A. Moore and Christopher Kendrick are receiving JD Supra’s 2020 Readers’ Choice Awards. The award acknowledges top authors and firms for their thought leadership in key topics during 2019. This is Valerie’s third JD Supra Readers’ Choice Award and Christopher’s second. Specifically, Valerie and Chris receive the following recognition for the level of visibility and engagement our firm and authors attained in 2019, from among thousands of others, with readers of these topics: Valerie Moore – a top author in Insurance Christopher Kendrick – a top author in Insurance JD Supra’s Readers Choice Awards The Readers’ Choice Awards recognize top authors and firms who were read by C-suite executives, in-house counsel, media and other professionals across the JD Supra platform during 2019. Reprinted courtesy of Christopher Kendrick, Haight Brown & Bonesteel LLP and Valerie A. Moore, Haight Brown & Bonesteel LLP Mr. Kendrick may be contacted at ckendrick@hbblaw.com Ms. Moore may be contacted at vmoore@hbblaw.com Read the court decision
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The Court of Appeals Holds That Indifference to Safety Satisfies the Standard for a Willful Violation Under WISHA

May 16, 2022 — Cameron Sheldon - Ahlers Cressman & Sleight PLLC
In March 2022, the Washington State Court of Appeals, Division One, issued Marpac Constr., LLC v. Dep’t of Lab. & Indus., No. 82200-4-I, 2022 WL 896850, at *1 (Wash. Ct. App. Mar. 28, 2022) holding Marpac Construction, LLC (“Marpac”) liable for three willful Washington Industrial Safety and Health Act of 1973 (WISHA) violations pertaining to safe crane operation near energized power lines. Marpac was the general contractor on an apartment complex construction project in West Seattle. The worksite had high voltage power lines running throughout the site. Seattle City Light had flagged some with a 10-foot offset, but none of the other power lines were flagged. Marpac’s superintendent assumed that the lines were between 26 kilovolts (kV) and 50 kV based on their connection to the lines flagged by Seattle City Light. The superintendent never called Seattle City Light to check the voltage of the lines and the lines remained above ground. In September 2016, a subcontractor began work on the project’s structural foundation. The subcontractor expressed concerns about working around the power lines, but Marpac promised it was working on mitigation of the power line hazard and directed the subcontractor continue working. At one point, the subcontractor’s employees had to move the crane and concrete forms away from the power lines to allow a cement truck to park in its place. The crane’s line contacted the power lines, causing serious injuries to two of the subcontractor’s employees. Read the court decision
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Reprinted courtesy of Cameron Sheldon, Ahlers Cressman & Sleight PLLC
Ms. Sheldon may be contacted at cameron.sheldon@acslawyers.com

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