SEATTLE WASHINGTON BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Hunton Insurance Partner Among Top 250 Women in Litigation

October 05, 2020 — Hunton Insurance Recovery Blog
Benchmark Litigation recently identified the Top 250 Women in Litigation. The list is based on an extensive research process, feedback from clients, and one-on-one interviews. Benchmark has identified the litigators who have participated “in some of the most impactful litigation matters in recent history” and have earned “hard-won respect of their peers and clients.” Lorelie S. Masters was included in the list for the seventh time. Reprinted courtesy of Hunton Andrews Kurth LLP Read the full story... Read the court decision
Read the full story...
Reprinted courtesy of

---

Liability Policy’s Arbitration Endorsement Applies to Third Party Beneficiaries, Including Additional Insureds

May 11, 2020 — Christopher Kendrick & Valerie A. Moore – Haight Brown & Bonesteel LLP
In Philadelphia Indemnity Ins. Co. v. SMG Holdings, Inc. (No. C082841; filed 12/31/19, ord. pub. 1/28/20), a California appeals court held that a binding arbitration clause in an insurance policy extends to a third party, such as an additional insured. In Philadelphia v. SMG, Philadelphia issued a general liability policy to a youth organization, Future Farmers of America (FFA), that had contracted to use the Fresno Convention Center for its annual convention. The contract required FFA to obtain liability insurance and to name the property manager, SMG, and the City of Fresno, as additional insureds. Philadelphia issued FFA a commercial lines CGL policy with an endorsement affording coverage to “managers, landlords, or lessors of premises” for “liability arising out of the ownership, maintenance or use of that part of the premises leased or rented” to the named insured. It also covered “any person or organization where required by a written contract executed prior to the occurrence” but only for liability arising from the named insured’s negligence. 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
Read the full story...
Reprinted courtesy of

---

Policyholder Fails to Build Adequate Record to Support Bad Faith Claim

May 19, 2011 — Tred R. Eyerly

The importance of careful preparation and documentation was the take away lesson in a Texas bad faith case, C.K. Lee v. Catlin Specialty Ins. Co., 2011 U.S. Dist. LEXIS 19145 (S.D. Tex. Feb. 28, 2011).



C.K. Lee owned a commercial shopping center in Houston. Catlin issued a commercial property policy to Lee. On September 12, 2008, Hurricane Ike hit and caused substantial property damage throughout the Texas Gulf Coast area. On September 24, 2008, Lee submitted a claim for damage to the roof of his shopping center to Catlin.



Catlin hired Engle Martin to represent its interests in adjusting the claim. Engle Martin eventually adjusted over 200 Ike-related claims for Catlin.



In November 2008, Engle Martin and Emergency Services Inc., retained by Lee, inspected Lee’s property. Engle Martin observed evidence of roof repairs that had apparently been made both before and after Hurricane Ike. Engle Martin decided it was necessary to use an infrared scan of the roof to help identify which damages, if any, were attributable to wind and which, if any, were attributable to sub par, prior repairs or natural deterioration.



Engle Martin retained Project, Time & Cost (PT&C) to conduct the infrared inspection. PT&C’s inspection determined there was no wind-related damage to the roof and no breaches or openings created by wind. Instead, the roof had exceeded its life expectancy and was in need of replacement due to normal wear and weathering. Consequently, Catlin decided that the damage to Lee’s roof was not caused by winds from Hurricane Ike.



Meanwhile, Lee’s contractor, Emergency Services, prepared a report estimating that the total cost of repairing the roof would be $871,187. Engle Martin’s estimate for repair of the roof was $22,864.



Lee filed suit for breach of contract, breach of the duty of good faith and fair dealing, and violations of the Texas Insurance Code. Catlin moved for summary judgment on all claims but breach of contract, arguing that because there was a bona fide dispute concerning the cause of the damages and whether they were covered under the policy, there was no evidence of bad faith or violations of the Texas Insurance Code.



Read the full story…

 

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

Read the court decision
Read the full story...
Reprinted courtesy of

---

Breach of Contract Exclusion Bars Coverage for Construction Defect Claim

March 19, 2024 — Tred R. Eyerly - Insurance Law Hawaii
The court determined the policy's breach of contract exclusion precluded coverage for a claim against the general contractor insured for construction defects. Mt. Hawley Ins. Co. v. McAtamncy, 2024 U.S. Dist. LEXIS 497 (N. D. Cal. Jan. 2, 2024). McAtamney, a general contractor dong business as Kilrea Construction, was hired by Jeffrey Horowitz for a home-renovation project. After completion of the project, Horowitz discovered defects in the work. He filed a complaint alleging that Kilrea breached obligations to construct and complete the work in an expeditious and workmanlike manner, free from any faults and defects. He brought claims for breach of contract, breach of implied warranty, negligence, neglignet supervision, and declaratory relief. Kilrea's insurer, Mt. Hawley, agreed to defend, but reserved the right to later deny coverage for any uncovered claims. The breach of contract exclusion provided there was no duty to defend a claim for property damage arising from breach of an express or implied contract or warranty. Read the court decision
Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

---

The Treasures Inside Notre Dame Cathedral

May 06, 2019 — James Tarmy & Eugene Reznik - Bloomberg
Paris’s Notre Dame cathedral took more than 200 years to build and just a few hours to burn. The structure’s construction began in the 12th century; six hundred years later, it was rehabilitated by Napoleon in the 1800s. In the interim, kings were crowned underneath its monumental stained glass windows even as the city around it rose, fell, and rose again. It has served as the setting of numerous historical events, including Napoleon’s coronation in 1804. In August 1944, a special mass in the cathedral attended by General Charles de Gaulle was held to celebrate the liberation of Paris from the Nazis. The spire contained relics of Saint Denis and Saint Genevieve, the patron saints of Paris, according to Laurent Ferri, a curator in the Division of Rare and Manuscript Collections at Cornell University and former conservateur du patrimoine at the French National Archives. The archbishop of Paris placed the relics at the summit of the church in 1935 to protect the building. “They are now likely reduced to ashes,” Ferri says. Reprinted courtesy of James Tarmy, Bloomberg and Eugene Reznik, Bloomberg Read the court decision
Read the full story...
Reprinted courtesy of

---

From the Ground Up

March 06, 2022 — Maggie Murphy - Construction Executive
As a veteran of the U.S. Marine Corps, Mari Borrero knows a thing or two about stepping up to a challenge. She describes her time in the military as “one of those milestones that changes your life,” and credits the experience with turning her from a self-described “entitled teenager” into the woman she is today: fearless, bold and relentless in pursuit of her dreams. A career in the construction industry was never on the table for Borrero, who, after being honorably discharged from the Marine Corps, worked as a hospice-care coordinator and then a teacher in support of her then-third-grade son. The common thread in all these occupations? A genuine desire to put the needs of others before her own. Today, Borrero says she can’t imagine doing anything other than what she now calls work—owning and operating a construction business, Auburn, Washington–based American Abatement & Demo. Easing Transitions Born in Bayamón, Puerto Rico, Borrero was five when her mother moved the family to Dallas to seek life-saving treatment at Children’s Medical Center Dallas for her brother, who had a rare kidney disease. A local church supported the family, providing housing, food and clothing until they were able to transition into their own space. Reprinted courtesy of Maggie Murphy, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
Read the full story...
Reprinted courtesy of

---

Christopher Leise Recognized by US News – Best Lawyers 2022 "Lawyer of the Year"

September 06, 2021 — Christopher Leise - White and Williams LLP
White and Williams is proud to announce that Christopher Leise has been named Best Lawyers® 2022 "Lawyer of the Year" in Cherry Hill, NJ for his work in Litigation - Insurance. Chris focuses his practice on complex insurance and commercial litigation, including the representation of licensed insurance agents and brokers in professional liability claims and agency contract disputes. He also has extensive experience litigating complex insurance coverage, insurance bad faith, RICO and insurance fraud claims, fire damage claims, and ERISA disputes. Chris works with regional and national brokerage firms defending professional liability claims and handling disputes with insurance companies throughout the mid-Atlantic region, as well as with commercial insurance carriers defending allegations of bad faith. Read the court decision
Read the full story...
Reprinted courtesy of Christopher Leise, White and Williams LLP
Mr. Leise may be contacted at leisec@whiteandwilliams.com

---

Holding the Bag for Pre-Tender Defense Costs

February 02, 2017 — John J. Kozak, Esq. - Florida Construction Law News
For a variety of reasons, additional insureds (and even named insureds) under commercial general liability policies will sometimes wait months, and even years, to tender the defense of a claim or lawsuit, incurring significant legal fees in the interim. When the claim finally is tendered, a dispute often arises over who should pay the pre-tender defense costs. Surprisingly, there is very little Florida legal authority specifically dealing with this issue. However, the recent federal 11th Circuit Court of Appeals case of EmbroidMe.com, Inc. v. Travelers Property Casualty Co. of America, No. 14-10616, 2017 U.S. App. LEXIS 368 (11th Cir. Jan. 9, 2017), applying Florida law, addresses the issue head-on and provides CGL carriers with a large hammer in refusing to pay pre-tender fees. Read the court decision
Read the full story...
Reprinted courtesy of John J. Kozak, Esq., Cole, Scott & Kissane, P.A.
Mr. Kozak may be contacted at john.kozak@csklegal.com

---