Fairfield Connecticut Building Expert Directory

Insurer Could Not Rely on Extrinsic Evidence to Circumvent Its Duty to Defend

February 14, 2023 — Lorelie S. Masters & Yaniel Abreu - Hunton Insurance Recovery Blog
In First Mercury Insurance Co. v. First Florida Building Corp., et al., a federal district court ordered that an insurer had a duty to defend its insured against an underlying personal injury lawsuit. 2023 WL 23116, at *1 (M.D. Fla. Jan. 3, 2023). First Mercury is a cautionary tale about how insurers may try to circumvent their obligations by improperly considering extrinsic evidence when determining whether they have a duty to defend their insureds. First Mercury is a coverage dispute over an underlying personal injury lawsuit that was filed against the insured, a construction company, for injuries the claimant allegedly sustained at a construction site. Id. The claimant alleged that he was at the construction site as an invitee who was “working with” the insured. Id. The insurer agreed to defend the insured against the personal injury lawsuit under a reservation of rights. Id. However, the insurer filed a coverage action seeking a declaration that coverage for the personal injury lawsuit was excluded under the policy. Id. Specifically, the insurer, on summary judgment, argued that the claimant was an employee of the insured who was injured in the course of his employment, thus falling within the employer’s liability and workers’ compensation exclusions in the policy. Id. Although the insurer acknowledged that the personal injury complaint against the insured triggered its duty to defend under the policy, the insurer argued that those exclusions relieved its duty to defend or indemnify the insured. Id. Reprinted courtesy of Lorelie S. Masters, Hunton Andrews Kurth and Yaniel Abreu, Hunton Andrews Kurth Ms. Masters may be contacted at lmasters@HuntonAK.com Mr. Abreu may be contacted at yabreu@HuntonAK.com Read the court decision
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Coverage for Faulty Workmanship Denied

June 29, 2020 — Tred R. Eyerly - Insurance Law Hawaii
The court found there was no coverage for the insureds' alleged negligent failure to construct a building. Evanston Ins. Co. v. DCM Contracting, 2020 U.S. Dist. LEXIS 63977 (N.D. Ga. Feb. 28, 2020). Turning Point Church sued DCM Contracting for faulty workmanship on a construction project. Turning Point sent a demand letter to DCM on August 18, 2017 and filed suit in December. Evanston did not receive notice of Turning Point's claims and the lawsuit until May 15, 2018. Evanston filed suit for a declaratory judgment and moved for summary judgment. The court first considered the late notice. The policy required notice "as soon as practicable" DCM was also required to provide copies of demands, notices, or legal papers to Evanston. Here, DCM did not give notice to Evanston until nine months after receipt of Turning Point's demand. A phone communication with DCM's agent between August 2017 and May 2018 was insufficient. DCM provided no documents, including the summons and complaint, to the agent. DCM waited five months to forward the underlying lawsuit. This was a breach of the 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

Appraisal Panel Can Determine Causation of Loss under Ohio Law

February 19, 2024 — Tred R. Eyerly - Insurance Law Hawaii
The federal district court granted the insured's motion to compel an appraisal that would include a determination of causation of the loss. Eagle Highland Owners Association v. State Farm Fire and Casualty Co., 2023 U.S. Dist. LEXIS 220937 (S.D. Ohio Dec. 12, 2023). Plaintiff argued its property suffered wind and hail damage from a storm on June 18, 2021. A claim was submitted to State Farm. State Farm's investigation determined the loss to be $0.00. Plaintiff's investigator determined the loss to be $586,647.08 in repair costs. State Farm opposed appraisal because, in its view, the damage arose from a loss in 2019, not from the June 18, 2021 storm. Plaintiff submitted a loss claim in 2019 for damage that State Farm alleged was exactly the same as the damage alleged in the loss claim for the June 18, 2021 storm. Therefore, State Farm did not view the matter as a dispute over an amount of loss, but rather over whether a loss even occurred on June 18, 2021. 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

Former Hoboken, New Jersey Mayor Disbarred for Taking Bribes

September 17, 2014 — Beverley BevenFlorez-CDJ STAFF
The New Jersey Law Journal reported that Peter Cammarano III, a former Hoboken, New Jersey, mayor, was disbarred after admitting “four years ago that he took $25,000 in bribes from a federal informant in exchange for promising his help in getting approval for a high-rise.” Cammarano “was one of 44 public officials and rabbis arrested in July 2009 as part of a massive federal investigation, known as Operation Bid Rig, into public corruption and money laundering operations.” The Disciplinary review board had recommended a three year suspension, however, the New Jersey Supreme Court rejected that recommendation. “An elected official who sells his office—who offers favored treatment in exchange for money—betrays a solemn public trust,” Justice Barry Albin wrote for the court, as quoted by the New Jersey Law Journal. “This form of corruption is corrosive to our democracy and undermines public confidence in honest government, and its rippling pernicious effects are incalculable.” “I believe the Disciplinary Review Board’s decision was right,” Joseph Jr. Hayden, Cammarano’s attorney, told the New Jersey Law Journal. “There were sufficient mitigating factors to justify only a suspension.” Read the court decision
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Fast-Moving Isaias Dishes Out Disruption in the Mid-Atlantic, Northeast

August 24, 2020 — Jim Parsons - Engineering News-Record
Far from the most powerful storm to strike the Eastern Seaboard, Hurricane Isaias nevertheless proved disruptive enough to rival some infrastructure impacts from Superstorm Sandy in 2012 while also raising concerns about the potential of additional doses of destruction arriving in the coming months. Jim Parsons, Engineering News-Record ENR may be contacted at ENR.com@bnpmedia.com Read the full story... Read the court decision
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Housing Stocks Rally at End of November

December 04, 2013 — CDJ STAFF
The homebuilding industry had something to be thankful for this year. In a report on stocks issued just before the Thanksgiving holiday, Standard Pacific Group and Toll Brothers where outperforming the S&P 500 (Gafisa S.A., a Brazilian firm that trades on the New York Stock Exchange also outperformed the index). Both of the U.S. firms traded about their 50-day moving averages. A third U.S. home builder, The Ryland Group, traded above its 50-day moving average, but did not outperform the S&P 500. Read the court decision
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When OSHA Cites You

April 22, 2024 — Michael Metz-Topodas - Construction Executive
With the strong bonds that form among construction project teams, workers looking out for each other helps keep safety foremost in everyone’s mind. But sometimes, even the very best intentions alone can’t prevent an occasional misstep—a forgotten hard hat, a sagging rope line—which can and often does result in an OSHA citation. These regulatory reminders can bring unfortunate consequences: penalties, higher insurance premiums, potential worker injury claims, loss of bidding eligibility, loss of reputation and even public embarrassment, because citations are published on OSHA’s website. Due to citations’ adverse effects, contractors have incentives to minimize them. They can do this by asserting available defenses, because a citation is only an alleged violation, not a confirmed one. But making defenses available begins well before a citation is issued, well before OSHA arrives to a construction site and well before a violation even occurs. Instead, contractors’ ongoing safety programs should incorporate the necessary measures to preserve OSHA citation defenses in three key areas: lack of employee exposure, lack of employer knowledge and impossibility. EMPLOYEE EXPOSURE To sustain a citation against an employer, OSHA must not only identify an applicable standard that the company violated but also show that the violation exposed employees to hazards and risk of injury. Absent evidence of actual exposure, OSHA often makes this showing by asserting that performing job functions necessarily exposes employees to the cited hazard. Reprinted courtesy of Michael Metz-Topodas, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Mr. Metz-Topodas may be contacted at michael.metz-topodas@saul.com

After Fatal House Explosion, Colorado Seeks New Pipeline Regulations

May 10, 2017 — Mark Shaw - Engineering News-Record
Colorado Gov. John Hickenlooper (D) has ordered comprehensive inspections, along with new monitoring and testing procedures, for all oil and gas pipelines located near houses and other buildings across the state. The action follows an April gas explosion in a northern Colorado home that killed two people. Read the court decision
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Reprinted courtesy of Mark Shaw, ENR
Mr. Shaw may be contacted at shawm@enr.com

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