Cambridge Massachusetts Building Expert Directory

Assignment Endorsement Requiring Consent of All Insureds, Additional Insureds and Mortgagees Struck Down in Florida

January 24, 2018 — Tred Eyerly – Insurance Law Hawaii

Security First Insurance Company's endorsement restricting the ability of policyholders to assign post-loss benefits was struck down by the Florida District Court of Appeal. Security First Ins. Co. v. Florida Office of Ins. Regulation, 2017 Fla. App. LEXIS 18083 (Fla. Ct. App. Dec. 1, 2017).

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Reprinted courtesy of Tred Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

2017 Susan G. Komen Race for the Cure

March 01, 2017 — Haight Brown & Bonesteel LLP
As a part of our 80 acts of Kindness commitment, Haight has registered a team to walk/run in the Susan G. Komen Race for the Cure Event taking place Saturday, March 11, 2017 at Dodger Stadium from 7:00 a.m. - 11:30 a.m. We have a great group of partners, associates, and staff joining the Haight team to walk or run in support of the Susan G. Komen Foundation. For over 30 years, the Foundation’s efforts have funded life-saving breast cancer research and provided support to the thousands of women and men battling the disease. For 80 years, Haight Brown & Bonesteel has been one of California’s leading full service law firms. To commemorate our 80 years in business, we are giving back to the community. Throughout 2017, we will demonstrate our commitment to those in need through 80 different acts of kindness. Read the court decision
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Reprinted courtesy of Haight Brown & Bonesteel LLP

Excessive Corrosion Cause of Ohio State Fair Ride Accident

August 10, 2017 — David Suggs – Bert L. Howe & Associates, Inc.
The manufacturer of the Fire Ball ride at the Ohio State Fair claims that excessive corrosion “led to the accident that killed a teenager and injured seven others…in July.” According to a statement by KMG International, reported by ABC News, “Corrosion on the interior of the support beam reduced the beam's thickness, which led to the accident at the fair.” Furthermore, “The company said it conducted an investigation into the incident, which included a visit to the scene and a review of video footage of the incident. The company also conducted a metallurgical inspection of the ride.” A U.S. Consumer Product Safety Commission (CPSC) spokesperson said “it is aware of 22 deaths associated with amusement attractions since 2010, including Wednesday's incident, but excluding water park and work-related fatalities.” Read the court decision
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Bay Area Counties Issue Less Restrictive “Shelter in Place” Orders, Including for Construction

May 04, 2020 — Garret Murai - California Construction Law Blog
The short story: Construction can resume. The long story: Construction can resume beginning Monday, May 4, 2020, with extensive and detailed restrictions. Six Bay Area Counties Loosen Shelter-in-Place Restrictions Including Allowing Construction to Resume Earlier this week, six Bay Area counties and the City of Berkeley issued new orders requiring the use of face coverings when in public. The six Bay Area counties, which also happen to be the first counties in the nation to issue shelter-in-place orders, are Alameda, Contra Costa, Marin, San Francisco, San Mateo and Santa Clara. When do the revised shelter-in-place orders take effect? The revised shelter-in-place orders take effect at 11:59 p.m. on May 3, 2020 and will remain in effect until 11:59 p.m. on May 31, 2020 unless extended, rescinded, superseded, or amended. Thus, effectively, the new orders take effect on Monday, May 4, 2020. Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

Why Builders Should Reconsider Arbitration Clauses in Construction Contracts

October 21, 2019 — David M. McLain – Colorado Construction Litigation
My advice to home builders has long been to arbitrate construction defect claims instead of litigating them in front of juries. Based on my experience and watching others litigate claims, I have learned that home builders usually fare better in arbitration than in jury trials, both in terms of what they have to pay the homeowners or HOAs and also in what they recover from subcontractors and design professionals. Because of these dynamics, conventional wisdom has been that builders should arbitrate construction defect claims. For several reasons, I am now questioning whether the time is right to consider a third option. First, plaintiffs’ attorneys dislike arbitration and will continue their attempts to do away with arbitration for construction defect claims. In 2018, the Colorado Legislature considered HB 18-1261 and HB 18-1262. While both bills were ultimately killed, they showed the plaintiffs’ attorneys disdain for arbitration, and serve as a warning that attempts to prevent arbitration legislatively will continue. If the legislature does away with the ability to arbitrate construction defect claims, and that is the only means of dispute resolution contained in a builder’s contracts, that builder may find itself in front of a jury. Read the court decision
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Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell
Mr. McLain may be contacted at mclain@hhmrlaw.com

Fungi, Wet Rot, Dry Rot and "Virus": One of These Things is Not Like the Other

November 02, 2020 — Hugh D. Hughes - Saxe Doernberger & Vita
The Hartford’s so-called virus exclusion in its commercial property forms is getting a workout, and policyholders now have an argument that may help their cases move past the pleadings stage. A U.S. District Court in Florida has deemed the exclusion ambiguous and denied an insurer’s motion to dismiss.1 The exclusion applies to “presence, growth, proliferation, spread, or any activity of ’fungi’, wet rot, dry rot, bacteria or virus.”2 The Court held that the parties did not necessarily intend to exclude a pandemic. In Urogynecology, the plaintiff sought coverage for the loss of the usefulness and functionality of its business location due to the Florida Governor’s shutdown order. The policy contained a 'fungi', wet rot, dry rot, bacteria, or virus” exclusion.3 The carrier moved to dismiss, and the plaintiff argued that the exclusion only applied if COVID-19 was present on-site, which was not the case. The Court addressed none of the issues regarding direct physical loss and instead decided the motion on the fungi exclusion. The Court held the exclusion ambiguous because the exclusion of virus “does not logically align with the grouping of the virus exclusion with other pollutants such that the Policy necessarily anticipated and intended to deny coverage for these kinds of business losses.”5 In addition, the Court stated that pollution case law was not on point because “none of the cases dealt with the unique circumstances of the effect COVID-19 has had on our society – a distinction this Court considers significant.” Read the court decision
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Reprinted courtesy of Hugh D. Hughes, Saxe Doernberger & Vita
Mr. Hughes may be contacted at hdh@sdvlaw.com

U.S. Tornadoes, Hail Cost Insurers $1 Billion in June

July 09, 2014 — Kelly Gilblom – Bloomberg
Tornadoes, hail and windstorms that pounded the U.S. from the Rocky Mountains to the Tennessee Valley last month will probably cost insurers more than $1 billion, Aon Plc said in a report. Hailstorms and winds greater than 90 miles an hour (145 kilometers) in June caused billions of dollars of economic losses, led by a full week of storms early in the month, the London-based insurance broker said today. More than 300 tornadoes hit the U.S. last month, compared with 125 a year earlier and 111 in June 2012, according to preliminary data from the National Weather Service’s Storm Prediction Center. May, June and July tend to be the worst months for twisters, it said. Severe weather from June 3 to June 9 this year killed three people and led to more than 100,000 claims, Aon said. Later in the month, “hail and winds gusting to hurricane strength tracked eastward,” the broker said in its report. The storm “shattered windows, punctured roofs and downed trees onto homes, structures and vehicles.” Read the court decision
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Reprinted courtesy of Kelly Gilblom, Bloomberg
Ms. Gilblom may be contacted at kgilblom@bloomberg.net

Surety Bond Producers Keep Eye Out For Illegal Waivers

July 01, 2019 — Richard Korman - Engineering News-Record
The surety bond industry regularly reminds state and local governments, politely, that public works in all states must involve surety bonds. That’s the law. And the National Association of Surety Bond Producers, the bond brokers and agents trade group, has been letting state and local officials know, in writing. Read the court decision
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Reprinted courtesy of Richard Korman, ENR
Mr. Korman may be contacted at kormanr@enr.com

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