Fairfield Connecticut Building Expert Directory

Report: Construction Firms Could Better Protect Workers From Noise Hazards

April 17, 2019 — Joanna Masterson - Construction Executive
Given that about three-quarters of construction workers are exposed to noise levels above the recommended limit, 83 percent of the 237 contractors surveyed for a new Dodge Data & Analytics SmartMarket Brief say they’ve purchased quieter equipment, yet well over half of those firms report their company could do better. Additionally, 85 percent of contractors report using hearing protection onsite more than 50 percent of the time, yet less than half say they always use it, suggesting a significant opportunity for improvement in the industry. Digging deeper, the survey determined small companies lag behind large and midsize ones in the use of hearing protection. Also, half of general contractors report always using hearing protection, compared to about one-third of trade contractors. Reprinted courtesy of Joanna Masterson, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Court Affirms Duty to Defend Additional Insured Contractor

December 05, 2022 — Tred R. Eyerly - Insurance Law Hawaii
The appellate court affirmed the lower court's ruling that the insurer must defend. Main St. Am. Assurance Co. v. Merchants Mut. Ins. Co., 2022 N.Y. App. Div. LEXIS 5507 (N.Y. App. Div., Oct. 7, 2022). XL Construction Services, LLC was the contractor on a construction project. Timothy J. O'Connor was insured when performing drywall finishing as a self-employee subcontractor on the project. As part of a written indemnification and insurance agreement between the parties, O'Connor was obligated to obtain insurance for the benefit of XL Construction. O'Connor was insured by Merchants Mutual Insurance Company under a policy containing an additional insureds endorsement that provided coverage to a party where required by a written agreement, but "only with respect to liability for 'bodily injury' . . . caused in whole or in part, by . . . [O'Connor's] acts or omissions." The trial court found there was a duty to defend and entered judgment that Merchants Mutual was obligated to provided a defense to XL Construction. 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

Insurer's Motion to Dismiss Allegations of Collapse Rejected

August 08, 2018 — Tred R. Eyerly - Insurance Law Hawaii
In yet another of the collapse cases being litigated in state and federal courts in Connecticut, the federal district court denied the insurer's motion to dismiss. Rosenberger v. Amica Mut. Ins. Co., 2018 U.S. Dist. LEXIS 95345 (D. Conn. June 6, 2018). The insureds had policies with Amica since 1989. Policies before December 18, 2006, covered collapse caused by hidden decay or other specified causes. "Collapse" was not defined by the policy. These policies did not include any provisions explicitly excluding coverage for a chemical reaction. The post-2006 policies held by the insureds covered collapse, but under a significantly modified definition. The newer policy language stated that "collapse applies only to an abrupt collapse." Further, collapse was defined as "an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended purpose." 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

Triggering Duty to Advance Costs Same Standard as Duty to Defend

April 11, 2018 — Tred R. Eyerly - Insurance Law Hawaii
Interpreting Hawaii law, the federal district court held that the standard for triggering the duty to defend is the same as the standard for the duty to advance costs under a D&O policy. Maui Land & Pineapple Co. v. Liberty Ins. Underwriters, 2018 U.S. Dist. LEXIS 56949 (D. Haw. April 3, 2018). The underlying plaintiffs sued 22 defendants, including Maui Land Pineapple (MLP) and Ryan L. Churchill, concerning a residential development project known as The Ritz-Carlton Club & Residences. The underlying complaint alleged that MLP "directly or indirectly through wholly owned subsidiaries exerts control" over Kapalua Bay, LLC, the defendant in the underlying lawsuit. Kapalua Bay, LLC was created as a joint venture of which MLP held 51%. Churchill was a senior executive officer of MLP, President of Kapalua Bay, and an executive officer of Kapalua Realty, which participated in all aspects of the Project, such as financing, development, and construction. In their second amended complaint, the underlying plaintiffs alleged nine Counts against the defendants, including breach of fiduciary duty. It was alleged that defendants were not transparent and kept owners in the dark regarding the status of the project. Several allegations named Churchill individually and described his alleged material misrepresentations to the underlying plaintiffs regarding the project's financing. 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

Elyria, Ohio, to Invest $250M to Halt Illegal Sewage into Black River

December 18, 2022 — Jim Parsons - Engineering News-Record
Elyria, Ohio, will invest nearly $250 million in capital improvement projects over the next 20 years to eliminate longstanding discharges of untreated sewage into the Black River, 10 miles upstream from Lake Erie. The plan is part of a consent decree negotiated with federal and state regulators following more than 1,000 illegal discharges from the city's sewer system into the river or its tributaries since 2011. Reprinted courtesy of Jim Parsons, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story... Read the court decision
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Federal Court Predicts Coverage In Utah for Damage Caused By Faulty Workmanship

April 03, 2013 — Tred Eyerly
The federal district court predicted that the Utah Supreme Court would find that damage to property other than the insured's work product is unexpected and arises from an occurrence. Cincinnati Ins. Co. v. AMSCO Windows, 2013 U.S. Dist. LEXIS 15999 (D. Utah Feb. 5, 2013). The insured, AMSCO Windows, installed windows in new homes constructed in Nevada. A number of homeowners asserted claims against the contractors who built their homes, alleging numerous construction defects, including the windows, and that the defects caused property damage to their homes. The contractors, in turn, asserted claims against AMSCO. The insurer, Cincinnati Insurance Company, filed for a declaratory judgment that it had no duty to defend or indemnify AMSCO. Read the court decision
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Reprinted courtesy of Tred Eyerly
Tred Eyerly can be contacted at te@hawaiilawyer.com

Hunton Insurance Coverage Group Ranked in National Tier 1 by US News & World Report

December 21, 2020 — Hunton Insurance Recovery Blog
The Hunton Andrews Kurth Insurance Coverage Practice Group has been awarded Tier 1 ranking by US News Media Group and Best Lawyers, placing them among the top practitioners nationally for policyholder insurance coverage representation. In addition to its Tier 1 ranking nationally, the Firm also received a regional Tier 1 ranking in Washington, DC and a Tier 2 ranking in Atlanta, GA. Reprinted courtesy of Hunton Andrews Kurth LLP Read the full story... Read the court decision
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Disaster-Relief Bill Stalls in Senate

April 22, 2019 — Tom Ichniowski - Engineering News-Record
A partisan squabble over funds to help Puerto Rico continue its long recovery and rebuilding from two hurricanes in 2017 has tied up a wide-ranging spending package on Capitol Hill. At stake in the fight are hundreds of millions of dollars for reconstruction and related work around the U.S. Mr. Ichniowski may be contacted at kormanr@enr.com Reprinted courtesy of Tom Ichniowski, ENR Read the court decision
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