Cambridge Massachusetts Building Expert Directory

Everyone’s Working From Home Due to the Coronavirus – Is There Insurance Coverage for a Data Breach?

May 18, 2020 — Heather Whitehead & Jeff Dennis - Newmeyer Dillion
Most organizations are now requiring that their employees work from home (“WFH”) with the ongoing COVID-19 (commonly referred to as the Coronavirus) pandemic. These remote working arrangements provide new opportunities for hackers to infiltrate computer systems, and not surprisingly, attempted cyber attacks are on the rise. Given the rapid deployment of employees being forced to work from home, many employees are using their personal laptops, tablets and other devices to complete their work. The use of such personal devices increases the risk to network systems, including a potential breach or data loss. However, in the event of a breach or other incident, there may be limitations in your cyber liability insurance policy based upon the type of hardware being used. Businesses need to be proactive to protect themselves from attacks by practicing vigilant cyber safety, and also reviewing their insurance policies in detail for coverage considerations prior to the occurrence of any cyber incident. Reprinted courtesy of Heather H. Whitehead, Newmeyer Dillion and Jeffrey M. Dennis, Newmeyer Dillion Ms. Whitehead may be contacted at heather.whitehead@ndlf.com Mr. Dennis may be contacted at jeff.dennis@ndlf.com Read the court decision
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Alabama Supreme Court Reverses Determination of Coverage for Faulty Workmanship

August 26, 2019 — Tred R. Eyerly - Insurance Law Hawaii
Although the lower court held that the insured contractor was entitled to coverage and indemnification under a CGL policy despite claims based upon faulty workmanship, the Alabama Supreme Court reversed. Nationwide Mut. Fire Ins. Co. v. David Group, Inc., 2019 Ala. LEXIS 52 (Ala. May 24, 2019). The David Group (TDG) specialized in custom-built homes. The Shahs purchased a newly built home from TDG in October 2006. After moving in, the Shahs experienced problems with their new home that TDG was unable to correct. In February 2008, the Shahs sued TDG. The complaint alleged that serious defects existed, resulting in health and safety issues, building code violations, poor workmanship, misuse of construction materials, and disregard of property installation methods. The case went to arbitration and an award of $12,725 was issued to the Shahs. Nationwide was TDG's CGL carrier and initially defended TDG. After Nationwide withdrew its defense, TDG sued seeking a judgment declaring that Nationwide was obligated to defend and indemnify. The trial court denied Nationwide's motion for summary judgment and issued a partial summary judgment in favor of TDG on the issue of coverage. Nationwide appealed. 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

A Look at Trending Legislative Changes Impacting Workers' Comp

February 26, 2024 — Rosanna Shamash - Construction Executive
The tides are shifting in the construction industry when it comes to legal matters—and business owners could feel the brunt of it. Recent legislative changes in the state of New York could signal how workers’ compensation cases move forward across the country and impact business owners in the space. Arguably, New York has historically laid the groundwork for workers’ compensation law in numerous other states. Now, we’re seeing a clear shift in favor of workers with some of the recent legislative changes. Owners, operators and executives in the construction space have increasingly found themselves facing costly claims that in years prior carried a smaller dollar value and were largely viewed as inconsequential. So, what’s the best way for business owners in the construction industry to protect their businesses for the future? Start by gaining a basic understanding of changes in the legal landscape, by securing defense attorneys who know the construction space and by taking steps to protect your business before an incident happens. Reprinted courtesy of Rosanna Shamash, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Stormy Skies Ahead? Important News Regarding a Hard Construction Insurance Market

August 13, 2019 — Jason M. Adams - Gibbs Giden
Word out of the construction insurance brokerage community is that the construction insurance industry has entered a hard market, seemingly overnight. Property (i.e. builder’s risk), liability and wrap-up markets are all reacting unfavorably, resulting in higher premiums and decreased availability of coverage options. The prospect of a hard market has been looming for some time given massive weather driven property losses and historically low rates (among other factors). It appears the time is upon us. Key takeaways for construction professionals are:

Expect insurance premiums to go up, potentially significantly, at renewal time and/or when seeking a new project specific program (e.g., an OCIP, CCIP, etc.).
Expect that the available coverage will get worse. Carriers may be unable to offer once standard coverage enhancements and/or may add new exclusions.
If quotes have been offered consider locking them in now, before the underwriters are forced to increase the rates/restrict coverage, or pull the quotes entirely.
With respect to wrap-ups and other project specific programs, consider requesting extensions now if the project is expected to go beyond the current policy term.
As always, the risk management team (lawyer, broker, risk manager) should work together to carefully review contracts and coverage. This will become even more important if the carriers start to introduce new exclusions as a result of the hard market.

Hard markets come and go. The tough times are when true construction insurance professionals separate themselves from the pack and become the key to weathering the storm. Jason M. Adams, Esq. is Senior Counsel at Gibbs Giden representing construction professionals (owners/developers, contractors, architects, etc.) in the areas of Construction Law, Insurance Law and Risk Management, Common Interest Community Law (HOA) and Business/Civil Litigation. Adams is also a licensed property and casualty insurance broker and certified Construction Risk & Insurance Specialist (CRIS). Gibbs Giden is nationally and locally recognized by U. S. News and Best Lawyers as among the “Best Law Firms” in both Construction Law and Construction Litigation. Chambers USA Directory of Leading Lawyers has consistently recognized Gibbs Giden as among California’s elite construction law firms. Mr. Adams can be reached at jadams@gibbsgiden.com. Read the court decision
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Consequential Damage Claims for Insurer's Bad Faith Dismissed

April 22, 2019 — Tred R. Eyerly - Insurance Law Hawaii
Partial dismissal of the insured's complaint seeking consequential damages for the insurer's bad faith was granted by the court. Bryant v. General Cas. Co., 2019 U.S. Dist. LEXIS 15369 (N.D. N.Y. Jan. 30, 2019). Bryant purchased from General Casualty Company of Wisconsin (GCCW) a commercial property and casualty policy to cover the insured premises. While the building was rented to a tenant who operated a restaurant, it sustained a collapse. GCCW refused to cover the loss. Bryant sued. In addition to the cost of repairing and replacing the damage to the property, Bryant alleged he was out the value of rental revenue from his tenant, which was forced to close the restaurant and relocated as a result of the unrepaired 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

A Third of U.S. Homebuyers Are Bidding Sight Unseen

February 28, 2018 — Noah Buhayar – Bloomberg
Thirty-five percent of homebuyers in the U.S. aren’t even visiting the property before they put in a bid, amid torrid competition in a tight market, according to the latest survey by Redfin Corp. Read the court decision
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Reprinted courtesy of Noah Buhayar, Bloomberg

Scott Saylin Expands Employment Litigation and Insurance Litigation Team at Payne & Fears

September 23, 2024 — Payne & Fears LLP
Scott Saylin has joined Payne & Fears LLP as a Law Clerk in the firm’s Employment Litigation Group and Insurance Litigation Group. Before his time at Payne & Fears, Scott served as a law clerk for Cascadia Healthcare in Boise, Idaho. “We are pleased to welcome Scott Saylin back to the firm. He was with us as a summer associate before completing his final year of law school at George Washington University,” said Amy Patton, the group’s co-chair. “Scott has fantastic potential to develop into an excellent litigator and will be an asset to our team.” Get to Know Scott What activities do you enjoy outside of work? Pickle ball, long walks, beach trips, cooking, watching the Lakers games, and playing the guitar & piano. Read the court decision
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Reprinted courtesy of Payne & Fears LLP

John Paulson’s $1 Billion Caribbean Empire Faces Betrayal

November 27, 2023 — Jim Wyss & Tom Maloney - Bloomberg
In the decade since hedge fund billionaire John Paulson took a grand gamble on Puerto Rico, he’s faced the wrath of the markets and mother nature. He’s navigated hurricanes, earthquakes, the pandemic and the largest municipal bankruptcy in US history to amass a portfolio of luxury hotels and resorts, high-end office blocks, and auto dealerships catering to the island’s rich. Now, just a few months after breaking ground on one of San Juan’s tallest and most exclusive residential towers, Paulson is facing a new wave of threats: lawsuits that strike at the heart of his Caribbean empire. Reprinted courtesy of Jim Wyss, Bloomberg and Tom Maloney, Bloomberg Read the court decision
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