Hunton’s Alice Weeks Selected to the Miami Dade Bar’s Circle of Excellence for Insurance Litigation
April 25, 2023 —
Hunton Insurance Recovery BlogCongratulations to
Alice Weeks, an associate on Hunton Andrews Kurth’s insurance coverage team, for being selected to the Miami Dade Bar’s Circle of Excellence for Insurance Litigation.
The Circle of Excellence award is awarded to peer-selected attorneys in their area of practice. Alice was selected from among many highly qualified nominees and was recognized at the Miami Dade Bar’s Judicial Reception. Alice is a past board member of the Miami Dade Bar YLS, as well as past-editor of the Miami Dade Bar’s newsletter, the Bulletin. Alice’s Circle of Excellence selection follows her recent selection to the Cystic Fibrosis Foundation’s 40 Under 40 Outstanding Young Professionals of South Florida and her receipt of the Miami Dade Bar’s 40 Under 40 Award.
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Hunton Andrews Kurth LLP
Delaware Court Holds No Coverage for Faulty Workmanship
May 07, 2015 —
Tred R. Eyerly – Insurance Law HawaiiA Delaware trial court found that the carrier properly denied coverage to a contractor who allegedly caused property damage due to faulty workmanship. Westfield Ins. Co., Inc. v. Miranda & Hardt Contracting and Building Serv., L.L.C., 2015 Del. Super. LEXIS 160 (Del. Super. Ct. March 30, 2015).
In 2004 and 2005, Miranda built a home pursuant to a contract with Fenwick Ventures, LLC. The homeowners purchased the home from Fenwick in 2006. In 2012, the homeowners contacted Fenwick to complain about defects in the home's construction. In 2014, the homeowners filed a complaint against Fenwick and Miranda.
The lawsuit alleged that during the construction of the home, Miranda used inadequate building materials, improperly installed building materials, violated building codes, and fraudulently represented that the home was properly constructed.
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Tred R. Eyerly, Insurance Law HawaiiMr. Eyerly may be contacted at
te@hawaiilawyer.com
Pennsylvania Superior Court Fires up a Case-By-Case Analysis for Landlord-Tenant, Implied Co-Insured Questions
February 03, 2020 —
Gus Sara - The Subrogation StrategistIn Joella v. Cole, 2019 PA Super. 313, the Superior Court of Pennsylvania recently considered whether a tenant, alleged by the landlord’s property insurance carrier to have carelessly caused a fire, was an implied co-insured on the landlord’s policy. The court found that the tenant was an implied co-insured because the lease stated that the landlord would procure insurance for the building, which created a reasonable expectation that the tenant would be a co-insured under the policy. Since the tenant was an implied co-insured on the policy, the insurance carrier could not maintain a subrogation action against the tenant. This case confirms that Pennsylvania follows a case-by-case approach when determining whether a tenant was an implied co-insured on a landlord’s insurance policy.
The Joella case stems from a fire at an apartment building in Northampton County, Pennsylvania. The landlord’s property insurance carrier paid the landlord $180,000 to repair the damages resulting from the fire. In March 2018, the insurer brought a subrogation action against Annie Cole, a tenant in the building, alleging that Ms. Cole’s negligent use of an extension cord caused the fire. Ms. Cole raised the affirmative defense that she was an implied co-insured on the landlord’s insurance policy. The subrogating insurer filed a partial motion for summary judgment seeking to dismiss Ms. Cole’s defense. In response, Ms. Cole filed a cross motion for partial judgment, arguing that because the lease specified that the landlord would maintain fire insurance for the building, there was a reasonable expectation that she would be a co-insured on that policy. The trial court found in favor of Ms. Cole, holding that the landlord’s insurer could not maintain a subrogation action against her because she was an implied co-insured of the landlord’s insurance policy under the terms of the lease. The landlord’s insurer filed an appeal with the Superior Court of Pennsylvania.
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Gus Sara, White and WilliamsMr. Sara may be contacted at
sarag@whiteandwilliams.com
Construction defect firm Angius & Terry moves office to Roseville
January 09, 2013 —
CDJ STAFFThe law firm Angius & Terry LLP has closed its office on River Park Drive in Sacramento and opened a Roseville office that will allow for growth. The new office at 3001 Lava Ridge Court provides more usable space in a nice area for less money, said Brad Epstein, a local partner with the firm.
Five attorneys and three staff moved to the new space in Roseville on Jan. 2. “It can house three additional attorneys — and we plan to grow,” Epstein said. The firm specializes in construction defect litigation and general corporate work for community associations.
There are about 800 community associations in the Sacramento area and a handful of small firms that divvy up the work.
“Condominium developments and homeowners’ associations never die and always have legal issues,” Epstein said.
Angius & Terry has a total of 20 lawyers in six offices, four in California and two in Nevada.
Besides Roseville, the firm has offices in Walnut Creek, Manteca, Newport Beach, Reno and Las Vegas.
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New 2021 ALTA/NSPS Land Title Survey Standards Effective February 23, 2021
March 01, 2021 —
Emily K. Bias & Josh D. Morton - Gravel2Gavel Construction & Real Estate BlogThe “Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys” is a document jointly promulgated by the American Land Title Association (ALTA), representing the title insurance industry, and the National Society of Professional Surveyors (NSPS), representing professional land surveyors, which describes the uniform minimum standards with which surveyors must comply when preparing a survey to be used by a title insurance company for the purpose of deleting the general survey exception from ALTA title policy forms. The first such set of standards was developed in 1962 and has since been revised 10 times. The standards are currently updated every five years and are relied on by real estate professionals, including purchasers, lenders, title insurers and their attorneys, nationwide. In October 2020, a joint committee comprising representatives of both ALTA and NSPS adopted the “2021 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys,” which will become effective on February 23, 2021. The significant changes between the 2021 standards and the previous 2016 standards are summarized below.
Survey Matters
The 2021 standards clarify that only survey-related matters must be summarized on the survey. This revision was intended to foreclose a practice common among some institutional lenders to require that the survey list all items shown in Schedule BII of the title commitment on the face of the survey regardless of whether those items may in fact be survey related. The 2021 standards also add a requirement that the surveyor include a note specifying whether the location of a right of way, easement or other survey-related matter is shown on the survey. This change incorporates common lender and purchaser requirements that were not previously enumerated in the survey standards.
Reprinted courtesy of
Emily K. Bias, Pillsbury and
Josh D. Morton, Pillsbury
Ms. Bias may be contacted at emily.bias@pillsburylaw.com
Mr. Morton may be contacted at josh.morton@pillsburylaw.com
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Congratulations to Haight’s 2021 Super Lawyers San Diego Rising Stars
May 03, 2021 —
Catherine M. Asuncion, Arezoo Jamshidi & Michael C. Parme - Haight Brown & Bonesteel LLPHaight congratulates partners Michael Parme and Arezoo Jamshidi and associate Catherine Asuncion who were selected to the 2021 San Diego Super Lawyers Rising Stars list.
Reprinted courtesy of
Catherine M. Asuncion, Haight Brown & Bonesteel LLP,
Arezoo Jamshidi, Haight Brown & Bonesteel LLP and
Michael C. Parme, Haight Brown & Bonesteel LLP
Ms. Asuncion may be contacted at casuncion@hbblaw.com
Ms. Jamshidi may be contacted at ajamshidi@hbblaw.com
Mr. Parme may be contacted at mparme@hbblaw.com
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Trump Sues Casinos to Get Conditions Fixed or Name Off
August 06, 2014 —
David Voreacos – BloombergDonald Trump sued two Atlantic City casinos that he no longer operates to force their owner either to improve “appalling” conditions or remove his name in a market where gamblers are fleeing and bankruptcies are rising.
Trump Plaza Hotel & Casino and Trump Taj Mahal fail to meet industry standards for cleanliness, hotel services and food and beverages, according to a complaint filed yesterday in state court in Atlantic City, New Jersey. Trump wants a judge to compel Trump Entertainment Resorts Inc., which he once controlled, to correct the shortcomings or jettison his name.
The Trump Entertainment Resorts website includes his photograph above this quote: ``The Trump casinos in Atlantic City are among the finest and most luxurious resorts you'll find anywhere in the world. I personally invite you to experience everything that we have to offer.'' Trump Plaza is set to close Sept. 16, putting 1,000 people out of work.
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David Voreacos, BloombergMr. Voreacos may be contacted at
dvoreacos@bloomberg.net
Proposed Changes to Federal Lease Accounting Standards
January 19, 2017 —
Susan Elliott & Lori A. Lange - Peckar & Abramson, P.C.The Federal Accounting Standards Advisory Board (FASAB) has proposed amendments to federal lease accounting standards found within Statement of Federal Financial Accounting Standard (SFFAS) 5, ‘Accounting of Liabilities of the Federal Government,’ and SFFAS 6, ‘Accounting for Property, Plant, and Equipment,’ promulgated by FASAB. The proposals would require entities leasing property to the federal government, such as private landlords, to recognize a lease receivable and deferred revenue at the beginning of the lease term (except on intragovernmental or short-term leases). The proposals are slated to take eff ect in reporting periods following September 30, 2018.
PUBLIC COMMENTS ARE DUE JANUARY 6, 2017.
The federal government is one of the largest tenants in the country. The General Services Administration (GSA) alone leases space to house over 600,000 government workers. GSA has over 8,000 leases throughout the U.S.
Reprinted courtesy of
Susan Elliott, Peckar & Abramson, P.C. and
Lori A. Lange, Peckar & Abramson, P.C.
Ms. Elliott may be contacted at selliott@pecklaw.com
Ms. Lange may be contacted at llange@pecklaw.com
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