Traub Lieberman Partner Adam Joffe Named to 2022 Emerging Lawyers List
February 01, 2022 —
Adam P. Joffe, Traub LiebermanTraub Lieberman is pleased to announce that Adam Joffe has been selected by his peers as a 2022 Emerging Lawyer in Leading Lawyers Magazine in the area of Insurance, Insurance Coverage & Reinsurance Law. Those selected as Emerging Lawyers have been identified by their peers to be among the TOP LAWYERS who are age 40 or younger unless they have practiced for no more than 10 years. Less than 2% of all lawyers licensed in each state have received the distinction of Emerging Lawyer.
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Adam P. Joffe, Traub Lieberman
Mr. Joffe may be contacted at ajoffe@tlsslaw.com
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Florida Enacts Property Insurance Overhaul for Benefit of Policyholders
July 05, 2023 —
Laura Farrant & Bradley S. Fischer - Lewis BrisboisFort Lauderdale, Fla. (June 13, 2023) – On June 1, 2023, Governor Ron DeSantis signed into law CS/SB 7052 (the Act), increasing consumer protection and insurer accountability in Florida. The newly enacted and amended statutes under CS/SB 7052 bolster policyholder protections and impose greater insurer oversight, including heightened penalties for insurer misdeeds in the state under a new law that will take effect on July 1, 2023 (this legal alert does not address all of the statutory revisions associated with the Act). As House Speaker Paul Renner noted, “The insurance legislation signed by Governor DeSantis today . . . not only empowers homeowners, but also cultivates market-driven competition, ultimately leading to lower costs.”
Statutory Revisions Regarding Insurance Coverage
The Act prohibits authorized insurers from cancelling or nonrenewing a property insurance policy for a residential property or dwelling that was damaged by any covered peril until the earlier of: (a) when the property has been repaired; or (b) one year after the insurer issues the final claim payment. The Act also expands current law prohibiting authorized insurers from cancelling or nonrenewing a residential property insurance policy until 90 days after repairs are completed for damages resulting from a hurricane or wind loss that is the subject of a state of emergency declared by the Governor and for which the Office of Insurance Regulation (OIR) has issued an emergency order. See Fla. Stat. §627.4133(2)(d)(1)(a) and (b) (Notice of cancellation, nonrenewal, or renewal premium).
Reprinted courtesy of
Laura Farrant, Lewis Brisbois and
Bradley S. Fischer, Lewis Brisbois
Ms. Farrant may be contacted at Laura.Farrant@lewisbrisbois.com
Mr. Fischer may be contacted at Bradley.Fischer@lewisbrisbois.com
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Unpredictable Power Surges Threaten US Grid — And Your Home
April 08, 2024 —
Naureen S Malik - BloombergPaul LeBlanc was barefoot when he stepped outside that morning.
He was taking the trash out when he saw the red glow of flames engulfing a nearby home. A former firefighter, LeBlanc grabbed his shoes before racing across the street. He smashed a window, then rushed inside. The only person believed to be home was a teenage boy who had already escaped, luckily with just minor burns. Alarms blared “fire” loudly, again and again, blasting from homes through the area.
“I’ve been in buildings without protection before — I just wanted to make sure no one was stuck in there,” said LeBlanc, who spent more than three decades as a firefighter before retiring.
The damage to the Alonge family’s four-bedroom home built in the early 1800s was so bad they haven’t been able to return since the blaze in June. The source of the conflagration in Waltham, Massachusetts, came from a facility about 2 miles west of the home. An electric substation, which had been dealing with a rodent infestation, had a sudden, unstable surge in voltage.
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Naureen S Malik, Bloomberg
Overview of New Mexico Construction Law
June 25, 2019 —
Walter F. Crowson - Snell & Wilmer Under Construction BlogWe’ve seen an uptick in out-of-state companies working on construction projects in New Mexico. The following is an overview of some of the nuances of New Mexico construction law about which companies may want to be aware.
Construction Contract Issues
Limitation of Liability Clauses are usually Enforceable, but Anti-Indemnity Clauses Are Not
New Mexico courts have enforced limitation of liability clauses included in construction contracts. See Fort Knox Self Storage, Inc. v. W. Techs., Inc., 140 N.M. 233, 237 (N.M. Ct. App 2006). New Mexico law recognizes the difference between contracts that insulate a party from any and all liability and those that simply limit liability. Fort Knox Self Storage, Inc., 140 N.M. 233 at 237. An exculpatory clause immunizes a party from liability, whereas a limitation of liability clause merely curtails liability. Id. A limitation of liability clause has been held not to violate New Mexico public policy because the party “still bears substantial responsibility for its actions.” Id.; see also Cowan v. D'Angelico, 2010 WL 11493789, *6 (D. N.M. Apr. 26, 2010).
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Walker F. Crowson, Snell & WilmerMr. Crowson may be contacted at
wcrowson@swlaw.com
Chairman of the Senate Committee on Banking, Housing and Urban Affairs Calls for CFPB Investigation into Tenant Screening Businesses
December 13, 2021 —
Brian H. Montgomery - Gravel2Gavel Construction & Real Estate Law BlogSenator Sherrod Brown (D-OH), Chairman of the Senate Committee on Banking, Housing, and Urban Affairs, has written to
newly confirmed Consumer Financial Protection Bureau (CFPB) Director Rohit Chopra, asking him to review companies in the tenant screening industry for possible Fair Credit Reporting Act violations and other violations of U.S. laws. The CFPB, for its part, has already published a bulletin alerting Consumer Reporting Agencies (CRAs) and other furnishers of consumer information that, as federal, state and local pandemic-related housing protections expire, the Bureau will be giving greater enforcement focus to these businesses’ compliance with accuracy and dispute obligations under the Fair Credit Reporting Act (FCRA) and Regulation V. While it is still unclear whether Director Chopra will direct the Bureau to investigate specific businesses flagged by Chairman Brown, the tenant screening industry will likely face increased scrutiny in the coming months, which may impact their service offerings and cause interruptions for landlords relying on these businesses and services.
There are approximately 2,000 tenant screening companies across the United States. These companies are used by landlords to better identify and perform background checks on prospective tenants. These reports typically provide a prospective tenant’s rental and eviction histories, credit score, debt-to-income ratio, and outstanding credit obligations, among other financial metrics. The reports also usually include a criminal background check, including searches of sex offender registries and other public records searches. Many tenant screening companies then use this information to provide an estimate of the risk that each tenant presents, calculated through proprietary algorithmic formulas. These reports are usually available to landlords at a cost ranging from approximately $5 to $55 per report, usually passed through to the prospective tenant through application fees.
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Brian H. Montgomery, PillsburyMr. Montgomery may be contacted at
brian.montgomery@pillsburylaw.com
Hong Kong Property Tycoon Makes $533 Million Bet on Solar
April 02, 2014 —
Ehren Goossens and Benjamin Haas - Bloomberg NewsA Hong Kong real-estate tycoon has spent the past year accumulating stakes in failing solar companies, piecing together what may become the biggest collection of photovoltaic factories in the world.
Zheng Jianming, also known in Cantonese as Cheng Kin Ming, has spent or pledged about $533 million to buy assets that at their peak were worth almost $20 billion, according to regulatory filings in the U.S. and Hong Kong, where he has a home and office.
The transactions, if completed, would transform Zheng, a newcomer to the solar industry, into one of its most powerful leaders. Another Zheng solar investment in 2012, a 30 percent stake in Shunfeng Photovoltaic International Ltd. (1165), has surged more than 2,900 percent and is now worth more than $745 million.
Mr. Goossens may be contacted at egoossens1@bloomberg.net; Mr. Haas may be contacted at bhaas7@bloomberg.net
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Ehren Goossens and Benjamin Haas, Bloomberg News
New Jersey Supreme Court Issue Important Decision for Homeowners and Contractors
September 08, 2016 —
Wally Zimolong – Supplemental ConditionsThe lack of insurance coverage for a contractor’s faulty workmanship is the bane of both homeowners looking to recover damage for defective work and contractors seeking to defend against such claims. In many states, like Pennsylvania, courts hold that faulty workmanship is not an “occurrence” that is covered by a standard commercial general liability insurance policy. In other words, courts hold that CGL policies cover damage to other property not part of the construction project itself.
This is problematic for both the homeowner and the insured. For the homeowner, the lack of a policy providing indemnification sometimes means the homeowner is left trying to collect against a defendant, who is otherwise but has little to no assets against which to collect a judgment. For the contractor, the lack of a policy providing coverage means that assets are at risk and it could be forced to spend significant sums in attorneys fees defending the case.
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Wally Zimolong, Zimolong LLCMr. Zimolong may be contacted at
wally@zimolonglaw.com
Colorado’s Need for Condos May Spark Construction Defect Law Reform
January 29, 2014 —
Beverley BevenFlorez-CDJ STAFFOn January 6th, Ed Sealover of the Denver Business Journal reported that Denver Mayor Michael Hancock has asked Colorado legislators “to pass a reform law that will make it easier to build condos without fear of getting sued.” Hancock is one of several mayors “to advocate for a construction defects reform proposal that was killed by Democrats in a committee last year.”
The problem, Sealover notes, is that only “2 percent of new housing in the state is multifamily units made for ownership—far lower than the 20 to 25 percent of such housing stock in other states represented by condos.”
There is some dissent as to whether reforming construction defect laws is the solution to the housing problem: “Taking away rights of homeowners to get shoddy construction fixed in what is likely the most expensive purchase in their life is not the way to fix the lack of affordable housing,” Lynea Hansen, spokeswoman for a group of construction defect homeowners told Sealover.
Furthermore, on January 7th, Sealover reported that Democrats “expressed skepticism” about a need to reform the laws, saying “they need more data on what is causing owner-occupied multifamily housing to be such a small part of the new housing market.” Moreover, Senate President-elect Morgan Carroll stated that she “wants to look into issues like why it is so hard to get insurance for building condominiums or examine why some areas of Colorado are seeing condo development and others aren’t.”
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