Norristown, PA to Stop Paying Repair Costs for Defect-Ridden Condo
February 10, 2014 —
Beverley BevenFlorez-CDJ STAFFThe city of Norristown, Pennsylvania has already paid “$3.4 million for construction repairs and legal expenses” for the 26-unit condominium on 770 Sandy Street, according to The Times Herald. Therefore city officials recently declared that “they will no longer pay the $40,000 annual cost for maintenance, electricity and repairs” for the building.
“At some point, the folks that own it have to step up and take responsibility for it,” Norristown Council President William Caldwell told The Times Herald. “No later than February 28, the municipality will cease to provide or pay for maintenance of 770 Sandy Street.”
Previously, Norristown had received court orders to repair the building, after numerous construction defects turned up including “missing firestops in numerous walls, missing grout and steel rebar in block-wall, emergency stair towers, faulty electrical wiring and no provision for firestopping in the first-floor garage ceiling.” City officials “were faulted by Montgomery County Common Pleas Court judges for not properly inspecting the construction.”
Charles Madracchia, past Customers Bank attorney and current Homeowner attorney, is “continuing active litigation in both federal and state court.”
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Signed, Sealed and (Almost) Delivered: EU Council Authorizes Signing of U.S. – EU Bilateral Insurance Agreement
August 02, 2017 —
Stella Szantova Giordano - Saxe Doernberger & Vita, P.C.On July 14, 2017, the Trump administration released a statement indicating that the United States intends to sign the U.S. – EU bilateral insurance agreement. The announcement came several weeks after the Council of the European Union adopted a decision authorizing the signing of this agreement. The agreement attempts to “level the playing field for U.S. insurers and reinsurers operating in the EU.”[1] This U.S. – EU bilateral agreement is a direct response to EU’s January 2016 enactment of Solvency II. Solvency II is a legislative program implemented in all twenty-eight Member States, aimed at codifying EU insurance regulations in an attempt to protect policy holders and to incentivize risk management. We previously wrote about this comprehensive program of insurer regulatory requirements here.
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Stella Szantova Giordano, Saxe Doernberger & Vita, P.C.Mr. Giordano may be contacted at
ssg@sdvlaw.com
The International Codes Development Process is Changing to Continue Building Code Modernization
March 06, 2023 —
The International Code CouncilWashington D.C., March 02, 2023 (GLOBE NEWSWIRE) -- The International Code Council is revising its rigorous code development process. The changes will take effect in 2024-2026 for the development of the 2027 International Codes (I-Codes) and will move the development process to an integrated and continuous three-year cycle.
In the new timeline, year one will include two Committee Action Hearings for Group A Codes; year two will include two Committee Action Hearings for Group B Codes; and year three will be the joint Public Comment Hearings and Online Governmental Consensus Vote for both Group A and B Codes.
The addition of the second Committee Actions Hearings in year one and two will foster a more in-depth vetting of code change proposals, allowing an opportunity for the committee members to review and evaluate the original proposals and consider the submitted responses. This also provides more opportunity for proponents to build consensus for their code change proposal and ensure the best version of their intended improvement to the existing codes.
Additionally, with combined Public Comment Hearings in the third year, voting members are able to vote on all suggested changes to the next edition of the I-Codes at one time. The updated process also provides more opportunity for proposed new referenced standards to be developed and finalized on a consistent timeline regardless of the group (Group A or B) with which they are associated.
About the International Code Council
The International Code Council is the leading global source of model codes and standards and building safety solutions. Code Council codes, standards and solutions are used to ensure safe, affordable and sustainable communities and buildings worldwide.
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Illinois Supreme Court Rules Labor Costs Not Depreciated to Determine Actual Cash Value
November 19, 2021 —
Tred R. Eyerly - Insurance Law HawaiiThe Illinois Supreme Court determined that a homeowner insurer may not depreciate labor costs in calculating actual cash value (ACV) after a loss under the policy. Sproull v. State Farm Fire and Casualty Co., 2021 Ill. LEXIS 619 (Ill. Sept. 23, 2021).
Plaintiff was insured under a homeowner's policy that provided replacement cost coverage for structural damage. Under the policy, the insured would initially receive an ACV payment but then could receive replacement cost value (RCV) if repairs or replacement were completed within two years and the insurer was timely notified. The policy did not define "actual cash value."
Plaintiff suffered wind damage to his residence and timely submitted a property damage claim to State Farm. The adjuster determined that the building sustained a loss with RCV of $1711.54. In calculating ACV, State Farm began with the RCV and then subtracted plaintiff's $1000 deductible and an additional $394.36, including taxes, for depreciation. Plaintiff thus received an ACV payment of $317.18. Plaintiff claimed that he was underpaid on his ACV claim because State Farm depreciated labor, which is intangible and thus not subject to wear, tear, and obsolescence. Further, labor should not have been depreciated because it was not susceptible to aging or wearing and its value did not diminish over time.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Hurricane Milton Barrels Toward Florida With 180 MPH Winds
October 07, 2024 —
Brian K Sullivan & David R Baker - BloombergMilton exploded into the Atlantic’s strongest hurricane this year, bearing down as a catastrophic Category 5 storm on a Florida region still struggling to recover from Helene’s devastation.
Milton’s top winds reached 180 miles (290 kilometers) per hour, up from 90 mph just 16 hours earlier, the US National Hurricane Center said in an advisory at 5 p.m. New York time. Milton now bests Hurricane Beryl, which raked Texas, Mexico and the Caribbean in July, as the most powerful Atlantic storm this season.
With winds this intense, Milton is capable of collapsing homes, flattening trees and triggering power outages that could last weeks to months. It’s difficult for hurricanes to maintain their maximum strength for long, however, so Milton’s winds may drop as it nears Florida’s west coast. Only four Category 5 hurricanes have hit the US mainland, including Michael, which struck Florida’s Panhandle in 2018.
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Brian K Sullivan, Bloomberg and
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17 Snell & Wilmer Attorneys Ranked In The 2019 Legal Elite Edition Of Nevada Business Magazine
July 01, 2019 —
Snell & WilmerSnell & Wilmer is pleased to announce that 17 of its attorneys in the Nevada offices have been ranked in Nevada Business Magazine’s 2019 Legal Elite edition, an annual list that highlights Nevada’s top attorneys as chosen by their peers. This year marks Legal Elite’s 12th year of presenting the Silver State’s top attorneys.
Polling for Legal Elite 2019 began at the end of February and nearly 5,000 nominations were submitted by licensed attorneys in Nevada, according to Nevada Business Magazine. Each submission then went through an extensive verification process resulting in the top attorneys in the state, chosen by their peers. The Legal Elite list includes only the top 3 percent of attorneys in the state broken down by location.
In addition, Legal Elite includes special lists ranking Nevada’s best “Up and Coming” and best government attorneys. Each nominee went through several levels of verification and scrutiny before being approved to appear on this list. Upon the nomination process closing, each ballot was individually reviewed for eligibility and every voting attorney was verified with the State Bar of Nevada. More information on the scoring can be viewed here.
The following Snell & Wilmer attorneys have been named Legal Elite for 2019:
- Brian L. Blaylock, Associate
- Justin L. Carley, Partner
- John S. Delikanakis, Partner
- Kelly H. Dove, Partner
- Alex L. Fugazzi, Partner
- Charles E. Gianelloni, Associate
- Daniel S. Ivie, Associate
- Nathan G. Kanute, Partner
- Wayne O. Klomp, Associate
- Kade D. Miller, Associate
- William E. Peterson, Partner
- Jacey Prupas, Partner
- Mandy S. Shavinsky, Partner
The following Snell & Wilmer attorneys have been named Best Up and Coming for 2019:
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Eleventh Circuit Set to Hear Challenge to Florida Law Barring Foreign Citizens From Buying Real Property
April 22, 2024 —
Michael Gnesin - Lewis BrisboisFort Lauderdale, Fla. (April 2, 2024) - This month, the U.S. Court of Appeals for the Eleventh Circuit will hear a challenge to a recently-enacted Florida law, Senate Bill 264, which restricts foreign ownership or investment in Florida real property from specific countries and imposes a near ban on property purchases by Chinese, Russian and other foreign nationals.
On July 1, 2023,
Senate Bill 264 [codified under Fla. Stat. Ann. §§ 692.201 to 692.205] took effect. The bill, titled “Interests of Foreign Countries,” prohibits Chinese nationals and nationals from other countries, including Russia, from buying real property unless they are American citizens or permanent residents.
Prior to the new law's effective date, on May 22, 2023, four Chinese citizens who hold nonimmigrant visas and reside in Florida, along with a Florida-based real estate firm,
sued the state of Florida in federal district court, alleging that the new law is unconstitutional and discriminatory, and that it violates the Fair Housing Act [Shen v. Simpson, Case No. 4:23-cv-208].
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Michael Gnesin, Lewis BrisboisMr. Gnesin may be contacted at
Michael.Gnesin@lewisbrisbois.com
Three Payne & Fears Attorneys Named 2024 Southern California Super Lawyers Rising Stars
June 17, 2024 —
Payne & Fears LLPWe congratulate our Payne & Fears attorneys named 2024 Southern California Super Lawyers Rising Stars in the following practice areas:
Employment & Labor
Blake A. Dillion
Business Litigation
Leilani L. Jones
Employment Litigation: Defense
Tyler B. Runge
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