FAIRFIELD CONNECTICUT BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Insureds Survive Motion to Dismiss Civil Authority Claim

September 29, 2021 — Tred R. Eyerly - Insurance Law Hawaii
After suffering business losses due to a hurricane, the insured's Civil Authority claim survived the insurer's motion to dismiss. Pathology Lab. v. Mt. Hawley Ins. Co., 2021 U.S. Dist. LEXIS 145129 (W.D. La. Aug. 3, 2021). Hurricane Laura devastated Lake Charles, Louisiana causing severe damage to the insured property as well as other properties within a mile of the insured property. All seven electrical transmission line corridors feeding Lake Charles were catastrophically damaged causing an extensive power outage. Government shutdown Orders prohibited the insureds' access to the Lab. The Orders were issued by the respective civil authorities both in anticipation of and as a result of damage and dangerous physical conditions expected from and actually resulting from Hurricane Laura and the continuation thereof. When the hurricane arrived, all businesses that were not essential to the recovery were ordered closed until electricity, water and sewer services were restored. As a result, the Lab was closed from August 27, 2020 toSeptember 8, 2020. The Lab sued for business income under the policy's Civil Authority provisions. Mt. Hawley moved to dismiss. Mt. Hawley argued that the Orders did not by their explicit terms close the Lab's business because closure was entirely dependent on the conditions of the described premises itself and whether it was safe to occupy. Mt. Hawley further argued that the mandatory Evacuation Order was issued in anticipation of property damage and therefore did not trigger coverage under the Civil Authority provision. 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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New Braves Stadium Is Three Months Ahead of Schedule, Team Says

September 03, 2015 — Michael Buteau – Bloomberg
Construction of the new $1.1 billion home of Major League Baseball’s Atlanta Braves is about three months ahead of schedule, according to team executives. “We’ve built a really solid, aggressive, efficient plan,” Mike Plant, head of the team’s business operations, said in an interview Thursday during a brick-laying ceremony. “No one has ever built a ballpark of this scale and scope in 39 months, and we’re going to do it in 36.” The 41,500-seat stadium, 14 miles northwest of Turner Field and known as SunTrust Park, will be about 20 percent smaller than the existing ballpark and could be completed by mid-November 2016, Plant and Braves Chairman Terry McGuirk said. The complex will include a 250-room Omni hotel, a nine-story corporate office for Comcast Corp. and the Roxy Theatre, a 4,000-seat music venue. Read the court decision
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Reprinted courtesy of Michael Buteau, Bloomberg

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Nancy Conrad Recognized in Lehigh Valley Business 2024 Power in Law List

July 31, 2024 — White and Williams LLP
Nancy Conrad, Chair of the Higher Education Group, Managing Partner of the Lehigh Valley Office and the President of the Pennsylvania Bar Association (PBA), has been named to the Lehigh Valley Business 2024 Power in Law List, for her work as a leader in the legal field. This year’s honorees were asked to relate inspiration that pushed the pursuit of their career. One of her inspirations, as explained by Nancy in the article, was the opportunity to instruct and impact students while teaching during the day and pursuing a legal career in the evening at Temple Law which cemented a “commitment to excellence in the practice of law and service to the community.” Read the court decision
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Reprinted courtesy of White and Williams LLP

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Public-Employee Union Fees, Water Wars Are Key in High Court Rulings

August 20, 2018 — Jeff Yoders, Pam Radtke Russell, JT Long, and Debra K. Rubin - Engineering News-Record
Two U.S. Supreme Court rulings on June 27 that wrapped the court’s current case calendar addressed labor relations and water rights issues with construction sector impact. Its 5-4 decision in Janus v. AFSCME that public-sector employees can’t be forced to pay “fair-share fees” to unions could affect industry professionals represented by labor groups in 22 states. Reprinted courtesy of ENR journalists Jeff Yoders, Pam Radtke Russell, JT Long and Debra K. Rubin Mr. Yoders may be contacted at yodersj@enr.com Ms. Russell may be contacted at Russellp@bnpmedia.com Ms. Debra may be contacted at rubind@enr.com Read the court decision
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Montrose III: Appeals Court Rejects “Elective Vertical Stacking,” but Declines to Find “Universal Horizontal Exhaustion” Absent Proof of Policy Wordings

September 14, 2017 — Christopher Kendrick & Valerie A. Moore – Haight Brown & Bonesteel LLP
In Montrose Chemical Corp. v. Superior Court (No. B272387; filed 8/31/17) (Montrose III), a California appeals court found that excess insurance is not triggered for continuous and progressive losses until there has been horizontal exhaustion of underlying insurance, but there is no “universal horizontal exhaustion” because the order or sequence in which excess policies may be accessed depends on the specific policy wording at issue. The coverage lawsuit was initiated by Montrose in 1990, when it was named in environmental actions for continuous and progressive property damage emanating from its Torrance chemical plant since the 1960s. Montrose had varying levels of insurance coverage throughout, but the total limits and attachment points of differing levels of excess coverage in any given year had changed from year-to-year. The coverage action was stayed in 2006 due to concern of prejudice to the underlying defense, but the stay was lifted in 2014 with Montrose entering a consent decree in the CERCLA action. 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
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Defending Against the Res Ipsa Loquitur Doctrine – Liability Considerations

February 14, 2022 — Rina Clemens - Traub Lieberman Insurance Law Blog
A doctrine of limited applicability, res ipsa loquitur, stands for the proposition that the “things speaks for itself.” This doctrine allows a plaintiff to shift their evidentiary burden of proof to the defendant where a court can infer negligence from the fundamental nature of an accident or injury. We’re noticing a dangerous trend of more plaintiffs seeking to apply this doctrine in liability cases and clients need to know how to defend themselves. When faced with a person claiming that they sustained injuries while on your property, ask yourself: did your business have exclusive control of the instrumentality plaintiff alleges caused their injury? Would the accident have occurred without the negligence of the one in control of the instrumentality? Reprinted courtesy of Rina Clemens, Traub Lieberman Ms. Clemens may be contacted at rclemens@tlsslaw.com Read the full story... Read the court decision
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Collapse of Underground Storage Cave Not Covered

June 29, 2020 — Tred R. Eyerly - Insurance Law Hawaii
The Eighth Circuit faced unusual facts in determining that the collapse of a cave serving as a storage facility was not covered under the policy. Westchester Surplus Lines Ins. Co. v. Interstate Underground Warehouse & Storage, Inc., 2020 U. S. App. LEXIS 83 8th Cir. Jan. 3, 2020). Interstate operated an underground storage facility in a cave that formerly housed a limestone mine. In 2014, Interstate experienced a series of "dome-outs," in which layers of rock destabilized, detached, and collapsed from above into the cave. Interstate's policy with Westchester included coverage for collapse of a "building" caused by "building decay." Westchester sought a declaratory judgment that Interstate's loss was not covered. The district court granted summary judgment for Westchester because the cause of the loss was not "building decay" within the meaning of the primary policy. 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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Hirer Not Liable Under Privette Doctrine Where Hirer Had Knowledge of Condition, but not that Condition Posed a Concealed Hazard

December 11, 2023 — Garret Murai - California Construction Law Blog
The Privette doctrine, so-called because of a case of the same name, Privette v. Superior Court, 5 Cal.4th 698 (1993), provides a rebuttable presumption that a hirer is not liable for workplace injuries sustained by employees of hired parties. In other words, if a property owner hires a contractor, and one of the contractor’s employees gets injured while working on the property, there is a rebuttable presumption that the property owner is not liable for the employee’s injuries, the rationale being that because the contractor is required to carry workers’ compensation insurance the contractor is in the better position to absorb losses incurred a workplace injury. There are, however, two widely recognized exceptions to the Privette doctrine. The first, is the Hooker exception, again named after a case of the same name, Hooker v. Department of Transportation, 27 Cal.th 198 (2002), which provides that a hirer is liable for injuries to a hired parties’ employees, if the hirer retained control over the work being performed, negligently exercised that control, and the negative exercise of that control contributed to the employee’s injury. Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

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