Newmeyer Dillion Announces Partner John Van Vlear Named to Board Of Groundwater Resources Association Of California
January 13, 2020 —
Newmeyer DillionProminent Orange County-based law firm Newmeyer Dillion is pleased to announce that partner
John Van Vlear has been elected to the Board of Directors for the Groundwater Resources Association of California (GRA). He will serve a three year term effective immediately.
"It was an honor to be nominated and I'm excited to help further GRA's goal of remaining the preeminent professional organization in the West addressing timely and important groundwater issues," says Van Vlear. He has been a member of the GRA for five years and has spoken both at a Southern California branch event and the 2nd Annual Western Groundwater Congress in Sacramento. Serving on the GRA Board will be Van Vlear's fourth different lifetime non-profit Board volunteer effort. He joins a diverse group of members to complete the Board, including a hydrologist with the US Geological Survey, environmental and engineering consultants, an equipment manufacturer, and water agencies' managers.
Van Vlear's practice focuses on all aspects of "contaminated sites" environmental legal work. Applying technical acumen, he focuses on investigation, strategic analysis, and remediation for site acquisitions/sales, development, regulatory interface, and related litigation in federal and state courts. He represents clients before a wide range of environmental agencies and has a portfolio of projects that include: commercial, industrial, raw land, and residential, as well as specialty facilities such as affordable housing, oil fields, and landfills throughout California and across the country. These matters have involved a complex blend of soil, groundwater, and vapor contamination. Van Vlear is a frequent speaker on environmental, real estate and contamination topics, as well as being a professional author and novelist, an expert witness, and arbitrator on environmental issues. He has been interviewed on TV twice professionally and has testified before the California Senate subcommittee on Environmental Quality.
Established in 1992, the GRA is a 1,000 member state-wide professional organization dedicated to resource management that protects and improves groundwater supply and quality through education and technical leadership. The GRA hosts programs and webinars focusing on important issues to water management community at both the state-wide and regional branch levels.
About Newmeyer Dillion
For 35 years, Newmeyer Dillion has delivered creative and outstanding legal solutions and trial results that achieve client objectives in diverse industries. With over 70 attorneys working as a cohesive team to represent clients in all aspects of business, employment, real estate, environmental/land use, privacy & data security and insurance law, Newmeyer Dillion delivers holistic and integrated legal services tailored to propel each client's success and bottom line. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California and Nevada, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit www.newmeyerdillion.com.
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California Superior Court Overrules Insurer's Demurrer on COVID-19 Claim
February 15, 2021 —
Tred R. Eyerly - Insurance Law HawaiiA Superior Court in California overruled the insurer's demurrer to the policy holder's complaint seeking business interruption coverage after government shutdown orders were issued because of the coronavirus pandemic. Goodwill Industries of Orange County, California v. Philadelphia Indemnity Ins. Co., Cal. Superior Ct., Civil No. 30-2020-01169032-CU-IC-CXC (Minute Order Jan. 28,, 2021). The minute order is here [Goodwill Decision].
The insurer demurred on the ground that the insured had not alleged sufficient facts to show "direct physical loss" under the business income, extra expenses and civil authority provisions in the policy because coronavirus and COVID-19 did not physically alter the structure.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Florida extends the Distressed Condominium Relief Act
June 17, 2015 —
Beverley BevenFlorez-CDJ STAFFThe Distressed Condominium Relief Act had been poised to expire on July 1st, but has now been extended by two additional years by the Florida legislature, the National Review reported. The act was Part VII of the Condominium Act in 2010, and has been previously extended twice. According to the National Review, “This Legislation attempted to allay the fears of potential investors about incurring developer liability in connection with the purchase of bulk units. The Act created a shield in favor of bulk purchasers from such potential liability, especially construction defects liability.”
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What to Do Before OSHA Comes Knocking
December 19, 2018 —
Parker Rains - Construction ExecutiveEvery year, the U.S. Occupational Safety and Health Administration (OSHA) inspects workplaces around the country for safety and occupational hazards. In 2017 alone, OSHA conducted 32,408 inspections – more than half of which were unprogrammed inspections.
There are six reasons OSHA might come knocking on the door. They are (in order of priority):
- imminent danger situations;
- severe injuries and illnesses;
- worker complaints;
- referrals;
- targeted inspections; and
- follow-up inspections.
Reprinted courtesy of
Parker Rains, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Mr. Rains may be contacted at
prains@fbbins.com
Let’s Give ‘Em Sutton to Talk About: Tennessee Court Enforces Sutton Doctrine
July 24, 2023 —
Gus Sara - The Subrogation StrategistIn Patton v Pearson, No. M2022-00708-COA-RC-CV, 2023 Tenn. App. LEXIS 231, the Court of Appeals of Tennessee (Court of Appeals) considered whether the lower court erred in dismissing an insurance carrier’s lawsuit against its insured’s tenant for damages sustained in a fire. While the lawsuit was filed in the name of the landlord (i.e., the insured), discovery revealed that the lawsuit was actually a subrogation lawsuit, brought by the landlord’s insurance carrier. The lower court granted the tenant’s motion for summary judgment based on the Sutton Doctrine, holding that the tenant was an implied co-insured under the landlord’s policy. The Court of Appeals affirmed, finding that although the lease agreement did not reference insurance, the Sutton Doctrine applied, which barred the landlord’s carrier from subrogating against the tenant.
In 2016, Anita Pearson (Ms. Pearson) signed a lease agreement to rent a home in Nashville, Tennessee, which was owned by John and Melody Patton (collectively, the Pattons). The lease stated that the Pattons were not responsible for the tenant’s personal property. The lease also stated that the tenant would be responsible for any damage caused by her negligence or misuse of the home. The lease was silent as to which party would maintain property casualty insurance and regarding implied co-insured status on any policy. Ms. Pearson purchased renter’s insurance for her personal property. The Pattons secured a property casualty insurance policy for the home.
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Gus Sara, White and WilliamsMr. Sara may be contacted at
sarag@whiteandwilliams.com
Storm Eunice Damage in U.K. Could Top £300 Million
February 28, 2022 —
Press Association - BloombergHundreds of thousands of homes are still without power due after Storm Eunice tore through the country, while insurers have indicated the clean-up could cost more than £300 million.
At least four people were killed in the UK and Ireland during one of the worst storms in decades, with a gust of 122mph provisionally recorded at the Needles on the Isle of Wight, which, if verified, would be the highest ever recorded in England.
Energy Networks Association (ENA) has said nearly 400,000 homes had no electricity on Friday night, with network providers recording 156,000 disrupted customers for UK Power Networks, 120,000 for Scottish & Southern, 112,000 for Western Power, 6,000 for Northern Power and 260 for Electricity North West.
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Bloomberg
Newmeyer & Dillion Partner Aaron Lovaas & Casey Quinn Recognized by Super Lawyers
July 21, 2018 —
Newmeyer & DillionLAS VEGAS, Nev. – JUNE 11, 2018 – Prominent business and real estate law firm Newmeyer & Dillion LLP is pleased to announce that partner
Aaron Lovaas has been selected to the 2018 Mountain States Super Lawyers list, and associate
Casey Quinn has been selected to the 2018 Mountain States Rising Stars list by Super Lawyers. Each year, no more than 5 percent of lawyers are named to a Super Lawyers list and less than 2.5 percent are named to the Rising Stars list. This is the 9th consecutive year Lovaas has been honored, while Quinn has been consistently selected as a Rising Star honoree in prior years.
Aaron Lovaas is a partner in the Las Vegas office. As a transactional attorney and business litigator, Lovaas has the ability to evaluate legal issues from both points of view and help his clients understand their best option. He also brings to the table experience as a business owner, having owned and managed his own boutique law firm for 12 years.
Casey Quinn, an associate in the Las Vegas office, focuses his practice in complex commercial and construction litigation. He represents a variety of business entities in commercial disputes, including contract claims, business torts, privacy lawsuits, defamation, and fraud. Quinn is a past chair of the Construction Law section of the State Bar of Nevada and has successfully argued before the Supreme Court of Nevada, as well as settled disputes through various forms of conflict resolution including mediation and arbitration.
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations.
About Newmeyer & Dillion
For more than 30 years, Newmeyer & Dillion has delivered creative and outstanding legal solutions and trial results for a wide array of clients. With over 70 attorneys practicing in all aspects of business, employment, real estate, construction and insurance law, Newmeyer & Dillion delivers legal services tailored to meet each client's needs. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer & Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit www.ndlf.com.
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Ill-fated Complaint Fails to State Claims Against Broker and FEMA
September 10, 2014 —
Tred R. Eyerly – Insurance Law HawaiiA complaint lodged against the insureds' broker and FEMA was dismissed for failure to state a claim. Lopez v. State Farm Gen. Ins. Co., 2014 U.S. Dist. LEXIS 109803 (E.D. La. Aug. 8, 2014).
The insureds held a Standard Flood Insurance Policy (SFIP) issued by FEMA, but sold by the broker. The insureds alleged that their property was totally destroyed by Hurricane Isaac. FEMA paid the insureds $234,513.02 for damage to their dwelling and $80,566.17 for its contents, for a total of $315,079.19. This was $34,920.81 below the policy limits. The insureds sued, claiming FEMA negligently miscalculated their damages, misvalued their property, and improperly adjusted their claim. The insureds also alleged that the broker failed to properly advise them regarding the nature of their coverage, the true value of their property, or to purchase the correct amount of insurance on their behalf.
The negligent procurement claim against the broker failed because the insureds did not allege any specific facts tending to establish that the broker failed to use reasonable diligence in procuring their insurance. Likewise, the negligent misrepresentation claim against the broker was dismissed. Insurance agents had a duty to supply their customers with correct information, and they could be liable for negligent misrepresentation if they provided incorrect information and an insured was damaged. Here, the insureds did not allege a breach of the duty to supply correct information.
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Tred R. Eyerly, Insurance Law HawaiiMr. Eyerly may be contacted at
te@hawaiilawyer.com
