Fairfield Connecticut Building Expert Directory

Mind Over Matter: Court Finds Expert Opinion Based on NFPA 921 Reliable Despite Absence of Physical Testing

September 12, 2022 — Gus Sara - The Subrogation Strategist
In Smith v. Spectrum Brands, Inc., 2022 U.S. Dist. LEXIS 142262, the United States District Court for the Eastern District of Pennsylvania (District Court) considered whether the plaintiffs’ liability expert met the requirements of Rule 702 of the Federal Rules of Evidence and could testify that a filter pump for an aquarium tank was defectively designed and caused a fire at the plaintiffs’ home. The defendant filed a motion to exclude the plaintiffs’ liability expert on grounds that the expert’s opinion did not satisfy the reliability element of Rule 702 because the expert never conducted physical testing on the filter pump. The court found that the cognitive testing employed by the expert through various methods, including visual inspections of the evidence, a review of photographs of the scene and literature from the manufacturer, and research on similar products, was sufficiently reliable to admit his opinion. The Smith case involved a civil action brought by Jeanette Scicchitano Smith and Alexander Smith that arose from a 2019 fire at their residence in Lincoln University, Pennsylvania. The fire purportedly started in a filter pump, which was operating at the time of the fire, that the plaintiffs purchased in 2002 as part of an aquarium tank kit. Read the court decision
Read the full story...
Reprinted courtesy of Gus Sara, White and Williams
Mr. Sara may be contacted at sarag@whiteandwilliams.com

Coverage Denied for Ensuing Loss After Foundation Damage

February 07, 2014 — Tred R. Eyerly – Insurance Law Hawaii
The insureds attempt to secure coverage for ensuing losses after foundation damage was properly denied by the insurer. Walker v. Nationwide Prop. & Cas. Ins. Co., 2014 U.S. Dist. LEXIS 6683 (W.D. Tex. Jan. 6, 2014). Two provisions excluding coverage under Nationwide's homeowner's policy were key to the court's decision. Exclusion 3 (e) barred coverage for "continuous or repeated seepage or leakage of water or stem over a period of time . . . ." Exclusion 3 (f) (6) precluded coverage for settling, cracking, shrinking, bulging or expansion of pavements, patios, foundations, walls, floors, roof or ceiling. The policy also included a Dwelling Foundation Endorsement which covered settling, cracking, bulging of floor slabs or footings that supported the dwelling caused by seepage or leakage of water or steam. This endorsement stated the limit of liability would not exceed an amount equal to 15% of the limit of coverage for the dwelling. Read the court decision
Read the full story...
Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

UCP Buys Citizen Homes

March 31, 2014 — Beverley BevenFlorez-CDJ STAFF
UCP, a home builder and land developer based in San Jose, California, has purchased “Charlotte-based Southeast regional home building venture Citizens Homes, whose chairman is well-known home building industry veteran Tony Mon, and whose president and chief operating officer is third-generation home builder Scott Thorson,” according to Big Builder. According to a UCP press statement, as quoted by Big Builder, “[t]he purchase price, estimated to be approximately $15 million, is based on the total assets of Citizens at the closing of the acquisition, less cash and cash equivalents, and less certain assumed trade payables. In addition, Citizens is eligible to receive earnout payments from UCP of up to $6 million in the aggregate based on performance over the next five years.” The acquisition is expected to close during the second quarter of 2014. Read the court decision
Read the full story...
Reprinted courtesy of

Hovnanian Reports “A Year of Solid Profitability”

December 30, 2013 — CDJ STAFF
Hovnanian Enterprises has released its results for its fourth quarter and the twelve months ending in October 2013, which are described by Ara K. Havnanian, the company’s Chairman of the Board, President and Chief Executive Officer as “a year of solid profitability,” which he attributes to “revenue growth, gross margin improvement and operating efficiencies,” as reported by The Wall Street Journal. The company’s total revenues for 2013 were $1.85 billion, a 24.2% increase over the 2012 totals. Home sales totaled 5,930, a 10.7% increase over the prior year. Mr. Hovnanian expects “increased demand for new homes,” and he believes that “our industry is still in the early stages of a housing recovery.” Read the court decision
Read the full story...
Reprinted courtesy of

Small to Midsize Builders Making Profit on Overlooked Lots

March 26, 2014 — Beverley BevenFlorez-CDJ STAFF
Teresa Burney and John Caulfield writing in Big Builder discussed how many small to mid-size firms are making profits off of lots overlooked by the big building firms. They stated that “builders are scouring the country for land to meet the new housing demand, and they are having trouble finding good lots in the right place at the right price. This is particularly true for small to mid-size builders.” While the number of finished lots may be up, Burney and Caulfield declared that “the numbers are deceptive because roughly 25 percent of them are in what Metrostudy, BUILDER’s research company, describes as ‘D’ and ‘F’ locations—places so undesirable that nobody wants to live there.” Strategies that builders have tried with success, according to Big Builder, include looking for older communities that local builders have forgotten, or choosing a lot that needs more work than most builders would want to deal with. “We are kind of a savior for developers with troublesome leftover lots,” William H. Hoover, president of Texas-based Inland Homes, told Big Builder. “You have got some ugly lots, let us come and finish out your community.” Read the court decision
Read the full story...
Reprinted courtesy of

Insureds' Experts Insufficient to Survive Insurer's Motion for Summary Judgment

October 17, 2023 — Tred R. Eyerly - Insurance Law Hawaii
The magistrate recommended that insurer's motion for summary judgment be granted due to the insureds' expert's inability to present genuine issues of material fact. Walker v. Century Sur. Co., 2023 U.S. Dist. LEXIS 142408 (E.D. Texas July 17, 2023). The insureds' property sustained damage from Hurricane Laura. Colonial Claims inspected the property for Century and reported that a portion of the roof was damaged by the hurricane. Century paid insureds $2,212,34. Van Fisher, an engineer with Envista Forensics, then inspected the interior of the property on Century's behalf. Fisher reported that there was some covered interior damage caused by a leak from a storm-created opening in the roof. However, Fisher further reported that there was other interior damage caused by existing water leaks not attributed to the hurricane and thus not covered by the policy. Century then paid the insureds an additional $485.05 based on Fisher's inspection. Read the court decision
Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

BWB&O’s Los Angeles Office Obtains Major Victory in Arbitration!

July 25, 2022 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara Partner Patrick Au and Senior Associate Theresa Mallen recently achieved a major victory in binding Arbitration. The subject action involved a construction project in the backyard of homeowner’s residence. Homeowner maintained that BWB&O’s contractor client abandoned the project. Furthermore, homeowner alleged that the work performed by BWB&O’s client was deficient. The primary construction defect claim is that the pool deck is not properly sloped which is preventing surface water from running off the top of the retaining wall as designed. The Arbitrator ultimately sided with BWB&O’s client finding that BWB&O’s client did not abandon the project, but rather was terminated by homeowner. Additionally, BWB&O successfully proved that despite the fact that the three pertinent elevations that determine the slope of the concrete pool slab were pre-established before BWB&O’s client even got on the project, that BWB&O’s client properly installed the concrete pool slab and would have established the necessary slope of the pool deck had it not been terminated from the project. Homeowner asserted many other secondary construction defect claims and the Arbitrator found in BWB&O’s client’s favor on each and every issue. Read the court decision
Read the full story...
Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

California Supreme Court Holds “Notice-Prejudice” Rule is “Fundamental Public Policy” of California, May Override Choice of Law Provisions in Policies

November 12, 2019 — Anthony L. Miscioscia & Timothy A. Carroll - White and Williams LLP
On August 29, 2019, in Pitzer College v. Indian Harbor Insurance Company, 2019 Cal. LEXIS 6240, the California Supreme Court held that, in the insurance context, the common law “notice-prejudice” rule is a “fundamental public policy” of the State of California for purposes of choice of law analysis. Thus, even though the policy in Pitzer had a choice of law provision requiring application of New York law – which does not require an insurer to prove prejudice for late notice of claims under policies delivered outside of New York – that provision can be overridden by California’s public policy of requiring insurers to prove prejudice after late notice of a claim. The Supreme Court in Pitzer also held that the notice-prejudice rule “generally applies to consent provisions in the context of first party liability policy coverage,” but not to consent provisions in the third-party liability policy context. The Pitzer case arose from a discovery of polluted soil at Pitzer College during a dormitory construction project. Facing pressure to finish the project by the start of the next school term, Pitzer officials took steps to remediate the polluted soil at a cost of $2 million. When Pitzer notified its insurer of the remediation, and made a claim for the attendant costs, the insurer “denied coverage based on Pitzer’s failure to give notice as soon as practicable and its failure to obtain [the insurer’s] consent before commencing the remediation process.” The Supreme Court observed that Pitzer did not inform its insurer of the remediation until “three months after it completed remediation and six months after it discovered the darkened soils.” In response to the denial of coverage, Pitzer sued the insurer in California state court, the insurer removed the action to federal court and the insurer moved for summary judgment “claiming that it had no obligation to indemnify Pitzer for remediation costs because Pitzer had violated the Policy’s notice and consent provisions.” Reprinted courtesy of Timothy Carroll, White and Williams and Anthony Miscioscia, White and Williams Mr. Carroll may be contacted at carrollt@whiteandwilliams.com Mr. Miscioscia may be contacted at misciosciaa@whiteandwilliams.com Read the court decision
Read the full story...
Reprinted courtesy of

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES