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DIRECTORY AND CAPABILITIES

Angela Cooner Receives Prestigious ASA State Advocate Award

April 12, 2021 — Angela Cooner - Lewis Brisbois
Phoenix Partner Angela L. Cooner recently received the American Subcontractors Association, Inc. (ASA) 2020 State Advocate award during ASA’s Virtual Awards Presentation, which took place on February 25. ASA selected Ms. Cooner as the recipient of this honor based upon the significant time that she spent and value she added to subcontractor advocacy in Arizona over the last year. In nominating Ms. Cooner for this award, ASA of Arizona stated, “Angie’s dedication and track record are second to none. However, it is her leadership in managing the recent merger between the Arizona State Contractors’ Coalition (AZSCC) and Arizonans for Fair Contracting (AFC) where she has distinguished herself most notably.” Moreover, ASA explained that Ms. Cooner’s dedication “has allowed ASA of Arizona to renegotiate a new contract with a government affairs firm that helped secure victory on a critical proportional liability bill and begin the upcoming legislative session on the right foot.” According to ASA, Ms. Cooner has donated the equivalent of $120,000 in billable hours to the organization through her work for AFC and as legal counsel for ASA of Arizona’s Board of Directors. Read the court decision
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Reprinted courtesy of Angela Cooner, Lewis Brisbois
Ms. Cooner may be contacted at Angela.Cooner@lewisbrisbois.com

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Labor Code § 2708 Presumption of Employer Negligence is Not Applicable Against Homeowners Who Hired Unlicensed Painting Company

December 02, 2015 — Kristian B. Moriarty & Yvette Davis – Haight Brown & Bonesteel LLP
In Vebr v. Culp (Filed 10/28/2015, No. G050730), the Fourth District Court of Appeal affirmed a trial court’s grant of summary judgment in favor of homeowners, where an employee of an unlicensed painting company was injured on the premises. Despite the fact that the painting company was deemed unlicensed for failure to acquire workers’ compensation insurance, the negligence presumption of Labor Code § 2708 was inapplicable to the homeowners as de facto “employers" of the plaintiff. Plaintiff, Tomas Vebr, was employed by OC Wide Painting, a licensed painting contractor. OC Wide Painting had a license issued by the California Contractors State License Board, but had filed for an exemption from the requirement that it maintain workers’ compensation insurance. The exemption was granted on the basis OC Wide Painting “did not have any employees.” However, OC Wide Painting actually had multiple employees, including Vebr. Therefore, by operation of law, the license was deemed void. Reprinted courtesy of Kristian B. Moriarty, Haight Brown & Bonesteel LLP and Yvette Davis, Haight Brown & Bonesteel LLP Mr. Moriarty may be contacted at kmoriarty@hbblaw.com Ms. Davis may be contacted at ydavis@hbblaw.com Read the court decision
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Solar Energy Isn’t Always Green

August 27, 2014 — Beverley BevenFlorez-CDJ STAFF
IEEE Spectrum reported that photovoltaics, used in Solar Energy, “varies substantially by technology and geography” and some emit chemical pollution. However, IEE Spectrum stated that “the industry could readily eliminate many of the damaging side effects that do exist.” One challenge is that “nearly half the world’s photovoltaics are manufactured in China” who, according to IEEE Spectrum, “typically [does] the worst job of protecting the environment and their workers.” It is also difficult for consumers to make choices based upon photovoltaic manufacturer practices, since solar energy doesn’t have a formal ecolabel like Energy Star, IEEE Spectrum reported. Read the court decision
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Fifth Circuit Rules that Settlements in Underlying Action Constitute "Other Insurance"

April 17, 2019 — Tiffany Casanova - Saxe Doernberger & Vita, P.C.
The Fifth Circuit ruled that settlements between an insured and its subcontractors qualified as “other insurance” to the extent those settlements were used to pay for damages covered by an excess insurance policy. Policyholders should note the outcome of this case as it demonstrates the significant impact that settlements can have on coverage. Satterfield & Pontikes Construction, Inc. v. Amerisure Mutual Ins. Co.1 was the result of a construction project gone wrong. Zapata County, Texas hired Satterfield & Pontikes (“S&P”) as a general contractor for the construction of a courthouse building. When the project did not go as planned, Zapata County terminated S&P, hired new subcontractors to complete the project, and sued S&P. S&P, in turn, sought indemnification from its subcontractors, who were contractually obligated to indemnify S&P and procure insurance for any damage the subcontractors caused at the project. S&P also sought coverage from its own primary insurers, American Guarantee and Liability Insurance Company (“AGLIC”) and Amerisure Mutual Insurance Company (“Amerisure”), and its excess insurer, U.S. Fire Insurance Company (“U.S. Fire”) who provided liability coverage for S&P’s potential liabilities at the project. The policies contained exclusions for losses arising from mold and did not provide coverage for attorney’s fees or similar legal costs. Read the court decision
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Reprinted courtesy of Tiffany Casanova, Saxe Doernberger & Vita, P.C.
Ms. Casanova may be contacted at tlc@sdvlaw.com

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Montana Federal Court Holds that an Interior Department’s Federal Advisory Committee Was Improperly Reestablished

December 09, 2019 — Anthony B. Cavender - Gravel2Gavel
On August 13, 2019, in a case that may have an impact on the leasing of federal lands for energy development in the future, the U.S. District Court for the Missoula, Montana Division, issued a ruling in the case of Western Organization of Resource Councils v. Bernhardt, which involves the application of the Federal Advisory Committee Act (FACA) to the Department of the Interior’s Royalty Policy Committee. This advisory committee, initially established in 1995 to provide advice to the Secretary on issues related to the leasing of federal and Indian lands for energy and mineral resources production, is subject to the provisions of FACA, codified at 5 U.S.C. app. Sections 1-16. The plaintiffs challenged the operations of this advisory committee, which was reestablished for two years beginning in 2017, because it allegedly “acts in secret and works to advance the goals of only one interest: the extractive industries that profit from the development of public gas, oil, and coal.” More specifically, the plaintiffs alleged that this advisory committee violated FACA because: (a) it was not properly established as provided in the implementing GSA rules (which are located at 41 CFR Section 102-3); (b) did not provide public notice of its meetings and publicly disseminate its materials; (c) ensure that its membership was fairly balanced; and (d) failed to exercise independent judgment without inappropriate influences from special interests. Read the court decision
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Reprinted courtesy of Anthony B. Cavender, Pillsbury
Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

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An Uncharted Frontier: Nevada First State to Prohibit Defense-Within-Limits Provisions

July 10, 2023 — Geoffrey B. Fehling & Andrew S. Koelz - Hunton Insurance Recovery Blog
Nevada recently became the first state to prohibit defense-within-limits provisions in liability insurance policies. Defense-within-limits provisions—resulting in what’s called “eroding” or “wasting” policies—reduce the policy’s applicable limit of insurance by amounts the insurer pays to defend the policyholder against a claim or suit. These provisions are commonly included in errors and omissions (E&O), directors and officers (D&O) and other management liability policies. This is in contrast to other policies, most commonly commercial general liability policies, which provide defense “outside of limits” where defense costs do not reduce the policy’s limit. Reprinted courtesy of Geoffrey B. Fehling, Hunton Andrews Kurth and Andrew S. Koelz, Hunton Andrews Kurth Mr. Fehling may be contacted at gfehling@HuntonAK.com Mr. Koelz may be contacted at akoelz@HuntonAK.com Read the court decision
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The Rubber Hits the Ramp: A Maryland Personal Injury Case

September 17, 2014 — Beverley BevenFlorez-CDJ STAFF
An elderly woman filed suit against the Town of Ocean City, Maryland, “after allegedly falling from her wheelchair because of a defective rubber warning mat on a resort street corner,” according to The Dispatch. The accident occurred when the woman’s wheelchair “struck one of the hard rubber warning mats on the handicap-accessible street corners.” The plaintiff is seeking “$750,000 in damages on three counts including negligence, strict liability and a violation of the Americans with Disabilities Act (ADA).” However, The Dispatch reported that it is not clear who is liable, since the sidewalk is owned and maintained by the town, but the State Highway Administration installed the rubber warning mats. Read the court decision
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Massachusetts Appellate Court Confirms Construction Defects are Not Covered Under Commercial General Liability Policies

January 21, 2025 — Bill Wilson - Construction Law Zone
In a case of first impression in Massachusetts, Lessard v. R.C. Havens & Sons, Inc., 104 Mass. App. Ct. 572 (2024), the Appellate Court confirmed that construction defects, without more, do not constitute property damage within the meaning of a commercial general liability policy (CGL). In Lessard, the homeowners filed suit against an insured homebuilder for construction defects in their home. After the homeowners won a jury verdict, the homebuilder’s insurer intervened and sought a declaratory judgment that it owed no duty to indemnify the homebuilder under its CGL policy. The superior court entered a declaratory judgment in favor of the insurer, and the homeowners appealed. Read the court decision
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Reprinted courtesy of Bill Wilson, Robinson & Cole LLP
Mr. Wilson may be contacted at wwilson@rc.com

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