Seattle Washington Building Expert Directory

Eighth Circuit Affirms Finding of Bad Faith, Award of Costs and Prejudgment Interest

October 25, 2021 — Tred R. Eyerly - Insurance Law Hawaii
The Eighth Circuit affirmed the district court's finding of bad faith and award to the insured of taxable costs and prejudgment interest. Selective Ins. Co. v. Sela, 2021 U.S. App. LEXIS 26062 (8th Cir. Aug. 30, 2021). The insured suffered two hail storms that damaged his home. In 2010, the first storm caused over half a million dollars in loss. Before submitting a claim to his original insurer or beginning any repairs, the insured secured a new policy with Selective. The policy did not exclude pre-existing damage, it did preclude coverage if the insured "willfully and with intent to defraud, concealed or misrepresented any material fact or circumstance relating to the insurance." Before issuing the policy, Selective appraised the property and assigned a $1.6 million value to the home. The insured then filed a claim with his original insurer and received $510,787.23 for actual cash value of his loss. Neither the terms of this settlement nor this new policy with Selective required the insured to repair all of the 2010 damage. 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

Construction Defect Settlement in Seattle

June 28, 2013 — CDJ STAFF
The Seattle Post-Intelligencer reports that a settlement has been reached in the Mosler Lofts construction defect claim. The settlement received by the homeowners was for about $8.5 million, which will used for repairs of the construction defects and for paying their legal costs. Read the court decision
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White and Williams Selected in the 2024 Best Law Firms ranked by Best Lawyers®

December 04, 2023 — White and Williams LLP
White and Williams LLP is proud to be selected in the 2024 Best Law Firms ranked by Best Lawyers®. The firm was recognized in the National Rankings in four practice areas including both Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law and Insurance Law (Tier 1). In addition, the firm’s office locations in Philadelphia, New York City, Boston, Baltimore, Delaware and New Jersey were recognized for 30 practice areas in the Metropolitan rankings. Achieving a tiered ranking in Best Law Firms signals a unique combination of quality law practice and breadth of legal expertise. The Best Law Firms research methodology includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field and review of additional information provided by law firms as part of the formal submission process. The 2024 Best Law Firms rankings can be accessed at www.bestlawfirms.com. 2024 Best Law Firms

Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
Insurance Law

Construction Law
Litigation – Construction

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Reprinted courtesy of White and Williams LLP

State Supreme Court Cases Highlight Importance of Wording in Earth Movement Exclusions

June 21, 2017 — Hannah E. Austin - Saxe Doernberger & Vita, P.C.
In Erie Insurance Property and Casualty Company v. Chaber, the West Virginia Supreme Court recently held that an insurance policy’s earth movement exclusion was unambiguous and applied to both manmade and natural earth movement. The Court also found that a narrow “ensuing loss” exception to the exclusion that provided coverage for glass breakage resulting from earth movement could not be extended to cover the entire loss. The Erie Insurance Property and Casualty Company (Erie) insured five commercial buildings owned by Dmitri and Mary Chaber. One of the properties was damaged by a landslide, and the Chabers filed a claim with Erie. Erie asserted that the loss was excluded from coverage because the policy excluded coverage for losses caused by earth movement, which was defined to include earthquakes, landslides, subsidence of manmade mines, and earth sinking (aside from sinkhole collapse), rising or shifting. The exclusion stated that it applied “regardless of whether any of the above . . . is caused by an act of nature or is otherwise caused,” and also contained an anti-concurrent causation clause. However, there was an exception for glass breakage caused by earth movement. Read the court decision
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Reprinted courtesy of Hannah E. Austin, Saxe Doernberger & Vita, P.C.
Ms. Austin may be contacted at hea@sdvlaw.com

Quick Note: Submitting Civil Remedy Notice

May 10, 2017 — David Adelstein - Florida Construction Legal Updates
There are steps an insured or claimant need to take in order to assert a statutory bad faith claim. The first step is the obligatory Civil Remedy Notice. This obligation is set forth in Florida Statute s. 624.155. The Civil Remedy Notice is, in essence, written notice of the specific violation(s) that are being claimed against the insurer that give rise to potential bad faith and an opportunity for the insurer to cure the violation(s). Florida Statute s. 624.155 would not be confused as a model of clarity, so it is important that a insured or claimant work with an attorney regarding any bad faith claim including filling out the Civil Remedy Notice. Read the court decision
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Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
Mr. Adelstein may be contacted at Dadelstein@gmail.com

Priority of Liability Insurance Coverage and Horizontal and Vertical Exhaustion

June 22, 2020 — David Adelstein - Florida Construction Legal Updates
Recently, I participated in a webinar involving the horizontal and vertical exhaustion of insurance coverage. Say what? This pertains to the PRIORITY of liability insurance coverage and the interface between a general contractor’s (or upstream party’s) primary insurance and the subcontractor’s (or downstream party’s) excess insurance, particularly when the general contractor is required to be indemnified by the subcontractor and named as an additional insured under the subcontractor’s liability policies. For instance, let’s assume the general contractor has a $2M primary policy and a $5M excess policy. Its subcontractor has a $1M primary and a $5M excess policy. The general contractor is an additional insured under the subcontractor’s policies and the subcontractor is required to contractually indemnify the general contractor. An issue occurs caused by the subcontractor’s negligence resulting in a $5M judgment against the general contractor and the subcontractor. Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

William Lyon to Acquire RSI Communities

February 22, 2018 — Dave Suggs - CDJ STAFF
According to the article “William Lyon Agrees to Buy RSI Communities $460 million deal plants Lyon in Texas and adds to Inland Empire land holdings” published on the website Builder, the Newport Beach home builder is purchasing the Southern California and Texas home builder. This will be Lyon Homes’ first venture in the state of Texas. RSI Communities works within both San Antonio and Austin, Texas as well as Southern California and the Inland Empire. It was founded by Todd Palmaer, a home building expert and Ron Simon, a building products expert and Newport Beach businessman. First time home buyers have been RSI’s main target. President and CEO of RSI, Tod Palmaer is optimistic about the acquisition “We are delighted to have our company join the William Lyon Homes organization. We have a great deal of confidence in the William Lyon Homes platform and its executive management team, and believe that its acquisition of RSI Communities will add to Lyon’s continued success in its current and new markets.” Pat Donahue who has almost 30 years of experience in home building, will serve as President to the Inland Empire Division. John Bohnen, RSI’s present Chief Operating Officer, will be the regional president in Texas. Mr. Bohnen has previously held executive positions with numerous home builders. William Lyon’s president and CEO Mark R. Zaist is excited about adding RSI’s key players to their team, and had this to say about the purchase. “The acquisition of RSI represents our most significant acquisition since our entry into Portland and Seattle with the Polygon Northwest Homes acquisition in 2014 and furthers our strategy of building in the strongest markets in the Western U.S., while also strengthening our pipeline in Southern California, as we continue our mission of being the premier Western Regional home builder.” Read the court decision
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Oklahoma Finds Policy Can Be Assigned Post-Loss

April 26, 2021 — Tred R. Eyerly - Insurance Law Hawaii
Oklahoma joined the majority of court in finding that after a loss occurs, the insured can assign the policy to another. Johnson v. CSAA Gen. Ins. Co., 2020 Okla LEXIS 118 (Okla. Dec. 15, 2020). Johnson's property was damaged in a storm. She filed a claim with her insurer. She also executed an assignment of her claim in order to repair the property with the execution of assignment to Triple Diamond Construction LLC. An appraiser retained by Triple Diamond determined the storm damage was $36,346.06. The insurer paid only $21,725.36 for the loss. Johnson and Triple Diamond sued the insurer for breach of contract, seeking $14,620.70, not inclusive of interest, attorneys' fees and costs. The insurer filed a motion to dismiss, or an alternative motion for summary judgment to dismiss Triple Diamond as a party. The insurer argued that both the policy and an Oklahoma statute barred the assignment. The district court granted the insurer's motion. 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

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