CAMBRIDGE MASSACHUSETTS BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Court Rules Planned Development of Banning Ranch May Proceed

June 10, 2015 — Kristian B. Moriarty and Lawrence S. Zucker II – Haight Brown & Bonesteel, LLP
In Banning Ranch Conservancy v. City of Newport Beach (filed 5/20/2015, No. G049691), the California Court of Appeal, Fourth District, held the Environmental Impact Report prepared by the City of Newport Beach for the partial development of Banning Ranch complied with California environmental protection statutes and local ordinances. Under the California Environmental Quality Act (“CEQA”), a city desiring to approve or carry out a project that may have significant effect on the environment must prepare an environmental impact report (“EIR”) designed to provide the public with detailed information about the effect which a proposed project will have on the environment. The California Coastal Act of 1976 provides for heightened protection of environmentally sensitive habitat areas (“ESHA”) defined as any “area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments.” In 2006, the City of Newport Beach adopted a General Plan for the physical development of the city. The plan specifically identifies Banning Ranch as having significant value as a wildlife habitat and open space resource for citizens. The general plan includes a primary goal of complete preservation of Banning Ranch as open space. To the extent the primary goal cannot be achieved, the plan identifies a secondary goal allowing limited development of Banning Ranch “to fund preservation of the majority of the property as open space.” The plan also requires the City to coordinate any development with the state and federal agencies. Reprinted courtesy of Kristian B. Moriarty, Haight Brown & Bonesteel LLP and Lawrence S. Zucker II, Haight Brown & Bonesteel LLP Mr. Moriarty may be contacted at kmoriarty@hbblaw.com; Mr. Zucker may be contacted at lzucker@hbblaw.com Read the court decision
Read the full story...
Reprinted courtesy of

---

Insurer Cannot Abandon Defense Agreement on Underlying Asbestos Claims Against Insured

June 12, 2023 — Tred R. Eyerly - Insurance Law Hawaii
The court found that the insurer continued to be bound by a defense agreement entered with the insured who merged with another company. Continental Ins. Co. v. Neles-Jamesbury, Inc., 2023 U.S. Dist. LEXIS 52521 (D. Mass. March 28, 2023). In 1990, Neles-Jamesbury became the sucessor by merger to the liabilities of Jamesbury Corp. and Neles, Inc. The companies were both in the business of manufacturing and selling valves. Continental issued two primary CGL policies to Neles, Inc. from 1986 to 1988. After the merger, Neles-Jamesbury was involved in numerous lawsuits that alleged bodily injury from asbestos exposure. Due to the continuing question of whether the policies created duties for Continental, the parties entered into a 2007 Cost Sharing Agreement, which served to clarify and define their respective obligations and coverage in the lawsuits. The agreement noted that Continental wanted to avoid the expense and uncertainties of litigation over defense obligations. Read the court decision
Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

---

Floating Crane on Job in NYC's East River Has a Storied Past of Cold War Intrigue

January 04, 2018 — Nadine M. Post - Engineering News-Record
Originally Published by CDJ on March 22, 2017 The complex maneuver of lifting heavy prefabricated modules out of New York City's East River to build a university laboratory took careful planning and the work of one particular floating crane with a complicated past. Read the court decision
Read the full story...
Reprinted courtesy of Nadine M. Post, ENR
Ms. Post may be contacted at postn@enr.com

---

Traub Lieberman Attorneys Recognized as 2021 Top Lawyers by Hudson Valley Magazine

February 08, 2021 — Traub Lieberman
Thirteen Traub Lieberman attorneys have been named 2021 Top Lawyers by Hudson Valley magazine. The honored attorneys represent the firm's Hawthorne New York office and six practice areas. Hudson Valley magazine uses online peer-voting and an internet search process to select outstanding lawyers from more than 30 practice areas, who have attained a high degree of peer recognition and professional achievement. "We are very proud of all of our attorneys for being recognized as among the top lawyers in the Hudson Valley,” said Partner and Vice-Chair Lisa Shrewsberry. Related Attorneys: Sara Kiridly, Mario Castellitto, Colleen E. Hastie, Timothy G. McNamara, Robert S. Nobel, Richard J. Rogers, Adam Krauss, Taylor C. Eagan, Stephen D. Straus, Lisa L. Shrewsberry, Lisa M. Rolle, Jonathan R. Harwood, Hillary J. Raimondi Read the court decision
Read the full story...
Reprinted courtesy of Traub Lieberman

---

Beyond the COI: The Importance of an Owner's or Facilities Manager's Downstream Insurance Review Program

March 15, 2021 — Hugh D. Hughes, Eric M. Clarkson & Mollie H. Levy - Saxe Doernberger & Vita, P.C.
The risk of bodily injury lawsuits is an unavoidable reality for property owners and facilities managers (“FMs”) of large commercial sites such as universities, malls, office buildings, or stadiums. Any person who steps foot on the property is a potential plaintiff, including students, tenants, customers, contractors, and vendors. Insurance mitigates these risks, but a property owner’s or FM’s risk transfer strategy should include more than their own suite of general liability and other third-party policies. Ensuring additional insured status on a vendor’s or contractor’s policy is also essential to a comprehensive risk transfer strategy. In a functional risk transfer program, a vendor’s or contractor’s general liability insurer should defend and indemnify property owners or FMs as additional insureds (“AIs”) for liability for bodily injury caused, in whole or in part, by the vendor’s or contractor’s operations. When this works as intended, it effectively transfers costs associated with such a lawsuit from the owner or FM to the vendor’s or contractor’s insurer. It also increases the insurance limits available for a loss. Reprinted courtesy of Hugh D. Hughes, Saxe Doernberger & Vita, P.C., Eric M. Clarkson, Saxe Doernberger & Vita, P.C. and Mollie H. Levy, Saxe Doernberger & Vita, P.C. Mr. Hughes may be contacted at HHughes@sdvlaw.com Mr. Clarkson may be contacted at EClarkson@sdvlaw.com Ms. Levy may be contacted at MLevy@sdvlaw.com Read the court decision
Read the full story...
Reprinted courtesy of

---

New Window Insulation Introduced to U.S. Market

February 04, 2014 — Beverley BevenFlorez-CDJ STAFF
According to Construction Digital, Nitto has introduced PENJEREX, “a new transparent energy-saving window insulation film to the US Market” that may “satisfy the requirement for enhanced energy efficiency and CO2 reduction in the housing industry.” The film is transparent, while still providing insulation, which helps maintain “the natural look of the home,” reported Construction Digital. The product “is said to improve insulation by reducing heat transfer by 35 percent.” Read the court decision
Read the full story...
Reprinted courtesy of

---

Montana Supreme Court Tackles Decade-Old Coverage Dispute Concerning Asbestos Mineworker Claims

December 20, 2021 — Patricia B. Santelle & Paul A. Briganti - White and Williams
On November 23, 2021, the Montana Supreme Court issued an almost unanimous decision in National Indemnity Company v. State of Montana, a ten-year-old coverage dispute arising from claims against the State of Montana alleging it had failed to warn of asbestos dust conditions at vermiculite mining and milling operations in and around Libby, Montana (the Libby Mine) run by W.R. Grace & Company and its predecessors. Affirming in part and reversing in part rulings by the trial court that culminated in a $98 million judgment against the State’s CGL insurer from 1973 to 1975, the court addressed issues including the duty to defend/estoppel, the number of occurrences, “trigger of coverage,” and, in a case of first impression, allocation under Montana law. Whether the Insurer Breached the Duty to Defend Depended Upon the Timeframe The court looked at whether (1) the insured provided sufficient information to bring the claims within the possibility of coverage under the subject policy and (2) the insurer gave “the necessary substance to” fulfilling its duty to defend at four points in the relevant timeframe:

1. The insurer did not breach its duty at the time the State initially tendered the Libby Mine claims because the State defended the claims through its self-insurance program, hired its own counsel, managed the litigation, made its own defense decisions, and took the position with the insurer that the matter was “under control” and “nothing was left to be done[.]”

Reprinted courtesy of Patricia B. Santelle, White and Williams and Paul A. Briganti, White and Williams Ms. Santelle may be contacted at santellep@whiteandwilliams.com Mr. Briganti may be contacted at brigantip@whiteandwilliams.com Read the court decision
Read the full story...
Reprinted courtesy of

---

Judge Sentences Roofing Contractor Owner in Florida PPP Fraud Case

July 25, 2021 — Richard Korman - Engineering News-Record
A federal judge in Fort Myers, Fla., sentenced Casey David Crowther, 35, the owner of a successful Florida roofing contracting company, to 37 months in prison for using fictitious employee lists to obtain a $2.7-million federal pandemic-aid loan and then purchasing a $689,000 boat with the funds. Reprinted courtesy of Richard Korman, Engineering News-Record Mr. Korman may be contacted at kormanr@enr.com Read the full story... Read the court decision
Read the full story...
Reprinted courtesy of

---