Fairfield Connecticut Building Expert Directory

Ensuing Loss Provision Found Ambiguous

April 25, 2012 — Tred R. Eyerly - Insurance Law Hawaii

After the insurer denied coverage in a homeowner’s policy for construction defects under various exclusions, the court found the ensuing loss provision was ambiguous.Kesling v. Am. Family Mut. Ins. Co., 2012 U.S. Dist. LEXIS 38857 (D. Colo. March 22, 2012).

After purchasing a home from the sellers, the insureds noticed problems with the deck of the home. Massive cracking appeared, causing lifting and leaking on the deck and water running through the exterior foundation wall into the home. There was also damage to the roof and crawlspace.

The insureds had a homeowner’s policy with American Family, which covered accidental direct physical loss to property described in the policy unless the loss was excluded. They requested coverage for "conditions, defects and damages." American Family denied coverage because wear and tear, as well as damage to foundations, floors and roofs were excluded. The policy did provide coverage, however, for "any resulting loss to property described . . . above, not excluded or excepted in this policy.

When coverage was denied, the insureds sued American Family.

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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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Delaware Court Holds No Coverage for Faulty Workmanship

May 07, 2015 — Tred R. Eyerly – Insurance Law Hawaii
A Delaware trial court found that the carrier properly denied coverage to a contractor who allegedly caused property damage due to faulty workmanship. Westfield Ins. Co., Inc. v. Miranda & Hardt Contracting and Building Serv., L.L.C., 2015 Del. Super. LEXIS 160 (Del. Super. Ct. March 30, 2015). In 2004 and 2005, Miranda built a home pursuant to a contract with Fenwick Ventures, LLC. The homeowners purchased the home from Fenwick in 2006. In 2012, the homeowners contacted Fenwick to complain about defects in the home's construction. In 2014, the homeowners filed a complaint against Fenwick and Miranda. The lawsuit alleged that during the construction of the home, Miranda used inadequate building materials, improperly installed building materials, violated building codes, and fraudulently represented that the home was properly constructed. 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

Following Mishaps, D.C. Metro Presses on With Repairs

February 23, 2017 — Jim Parsons - Engineering News-Record
An aggressive effort to overhaul the aging Metro system in Washington, D.C., is producing results as it nears the one-year mark, with more than 28,000 cross-ties and nearly two miles of grout pads now replaced. Read the court decision
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Reprinted courtesy of Jim Parsons, ENR
ENR may be contacted at ENR.com@bnpmedia.com

Real Estate & Construction News Round-Up (10/06/21)

October 18, 2021 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
Real estate tokenization and smart home technology continue to grow, negotiations surrounding the bipartisan infrastructure bill stall its passing, artificial intelligence is poised to transform the construction industry, and more.

Contra Global leverages real estate tokenization, the process of creating tokens on the Blockchain and assigning them to real estate properties that already exist or are under construction, to remove traditionally high barriers to investment entry as well as intermediary fees in the industry. (Navid Ladani, Yahoo Finance)
Following the 2-week closure of the construction industry after protests turned violent over vaccine mandates, the Victorian government announced its reopening with up to 25 percent capacity of workers and new vaccination rules. (ABC News)
Though the construction industry has traditionally relied heavily on human experience and expertise to complete projects, the industry is rapidly adopting digital solutions to adapt to chronic labor shortages, the need for sustainable solutions, and supply-chain disruptions. (Tom Taulli, Forbes)

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Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

Did Deutsche Make a Deal with the Wrong Homeowner?

September 03, 2014 — Beverley BevenFlorez-CDJ STAFF
Deutsche Bank wants “to void a loan modification it claims resulted in a $125,000 discount on the wrong homeowners' outstanding mortgage,” according to the New Jersey Law Journal. Furthermore, even though the Deutsche Bank “obtained a default judgment a year ago… a New Jersey federal judge is currently considering the homeowners' motion to vacate it, most recently ordering a hearing to determine whether the couple was properly served.” According to the complaint, the Deutsche Bank claims that “its mortgage servicer, Ocwen Loan Servicing, mistakenly offered the modification to Lorraine and Raymond Lindsey of Franklinville, N.J., though the terms of the deal were intended for other homeowners in connection with a loan held by a different bank.” Read the court decision
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The Rubber Hits the Ramp: A Maryland Personal Injury Case

September 17, 2014 — Beverley BevenFlorez-CDJ STAFF
An elderly woman filed suit against the Town of Ocean City, Maryland, “after allegedly falling from her wheelchair because of a defective rubber warning mat on a resort street corner,” according to The Dispatch. The accident occurred when the woman’s wheelchair “struck one of the hard rubber warning mats on the handicap-accessible street corners.” The plaintiff is seeking “$750,000 in damages on three counts including negligence, strict liability and a violation of the Americans with Disabilities Act (ADA).” However, The Dispatch reported that it is not clear who is liable, since the sidewalk is owned and maintained by the town, but the State Highway Administration installed the rubber warning mats. Read the court decision
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Tidal Lagoon Plans Marine Project to Power Every Home in Wales

March 05, 2015 — Louise Downing – Bloomberg
(Bloomberg) -- Tidal Lagoon Power Ltd., a U.K. marine-energy developer, is planning its second project, a 2.8-gigawatt power plant that will use the tides to generate enough electricity for every home in Wales. The company submitted an environmental impact assessment for the marine power plant that would use 90 turbines installed between Cardiff and Newport, according to an e-mailed statement Monday. The closely held company expects to submit a full planning application in 2017 and the project may go into operation in 2022. Read the court decision
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Reprinted courtesy of Louise Downing, Bloomberg
Ms. Downing may be contacted at ldowning4@bloomberg.net

Congratulations to Walnut Creek Partner Bryan Stofferahn and Associate Jeffrey Schilling for Winning a Motion for Summary Judgment on Behalf of Their Client, a Regional Grocery Store!

July 05, 2023 — Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara, LLP is excited to share that Partner Bryan Stofferahn and Associate Jeffrey Schilling recently won their Motion for Summary Judgment in favor of a prominent Bay Area Grocery Store, and long-time client of the firm. BWB&O’s Client is a regional Grocery Store with locations throughout California and Nevada. The Client was sued in an action pertaining to a claimed dangerous condition of public property, resulting in a vehicle versus pedestrian collision in an intersection, adjacent to a Northern California store of BWB&O’s Client. The Plaintiff asserted our Client allowed the use of the store’s parking lot as a pickup and drop-off location by agricultural laborers, resulting in increased pedestrian and vehicle traffic, which the surrounding streets were not capable of accommodating thereby creating an allegedly dangerous condition. Read the court decision
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Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

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