Seattle Washington Building Expert Directory

Homeowner Sues Brick Manufacturer for Spalling Bricks

October 22, 2013 — CDJ STAFF
A Columbia, South Carolina homeowner has sued Kinney Brick Co., alleging that the bricks used in his home were defective and are now crumbling. The lawsuit alleges that the manufacturer and the distributor were both aware that the bricks would retain moisture and crumble. Read the court decision
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Wildfire Insurance Coverage Series, Part 2: Coverage for Smoke-Related Damages

July 03, 2022 — Scott P. DeVries & Yosef Itkin - Hunton Insurance Recovery Blog
For many policyholders, smoke emanating from wildfire causes as much if not more damage than the fire itself. In this post in the Blog’s Wildfire Insurance Coverage Series, we discuss damages caused by smoke emanating from wildfires. Some insurers argue that policies are limited to fire damage to the insured property and do not include smoke damage associated with nearby fires. A treatise frequently cited by insurers states otherwise: “The concept that fire insurance covers non-fire damage which is the proximate result of fire finds application also when the fire occurs on other property and causes harm to the insured property. In such case, the harm to the insured property, even though it is a non-fire harm, has long been recognized to be the result of fire, and, therefore, within the policy coverage.”[1] Reprinted courtesy of Scott P. DeVries, Hunton Andrews Kurth and Yosef Itkin, Hunton Andrews Kurth Mr. DeVries may be contacted at sdevries@HuntonAK.com Mr. Itkin may be contacted at yitkin@HuntonAK.com Read the court decision
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EPA Expands Energy Star, Adds Indoor airPLUS

February 05, 2015 — Beverley BevenFlorez-CDJ STAFF
Builder Magazine reported that the EPA has added a new energy certification program, Indoor airPLUS. Builder Beazer Homes has “embraced the initiative,” according to Builder, and all of its homes in the Phoenix division is Indoor airPLUS certified. Brian Shanks, purchasing manager for Beazer, explained to builder about some of the additional requirements: “It requires some additional air-sealing techniques and other HVAC and ventilation things.” According to Builder, the indoor air quality program is designed to especially help those who suffer from respiratory issues. Read the court decision
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Tax Increase Pumps $52 Billion Into California Construction

April 20, 2017 — JT Long - Engineering News-Record
The first wave of new road projects could go out at the beginning of 2018 now that the California legislature has approved $52.4 billion over 10 years from a new 12-cent-per-gallon gasoline tax. SB-1 was approved late in the evening on April 6; by April 7, the California Dept. of Transportation was already working on a list of projects that could start construction by summer of 2018. Read the court decision
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Reprinted courtesy of JT Long, ENR
ENR may be contacted at ENR.com@bnpmedia.com

Traub Lieberman Attorneys Recognized as 2023 New York – Metro Super Lawyers® and Rising Stars

October 24, 2023 — Traub Lieberman
Traub Lieberman is pleased to announce that seven Partners from the Hawthorne, NY Office have been selected to the 2023 New York - Metro Super Lawyers list. In addition, one associate has been named to the 2023 Super Lawyers Rising Stars list. 2023 New York – Metro Super Lawyers

Copernicus Gaza – Insurance Coverage
Jonathan Harwood – Professional Liability
Lisa Rolle – Construction Litigation
Christopher Russo – Professional Liability
Lisa Shrewsberry – Professional Liability
Stephen Straus – Insurance Coverage
Richard Traub – Insurance Coverage

2023 New York – Metro Super Lawyers Rising Stars

Aris Rotella – Civil Litigation

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Reprinted courtesy of Traub Lieberman

Rancosky Adopts Terletsky: Pennsylvania Supreme Court Sets Standard for Statutory Bad Faith Claims

September 28, 2017 — John Anooshian & Sean Mahoney - White & Williams LLP
Earlier today, in a case of first impression, the Pennsylvania Supreme Court adopted the Terletsky two-part test for proving a statutory “bad faith” claim under 42 Pa. C.S.A. § 8371, which requires that a plaintiff present “clear and convincing evidence (1) that the insurer did not have a reasonable basis for denying benefits under the policy and (2) that the insurer knew of or recklessly disregarded its lack of a reasonable basis.” Rancosky v. Washington National Insurance Company, No. 28 WAP 2016 (Pa. Sept. 28, 2017). The court further ruled that proof of an insurer’s “subjective motive of self-interest or ill-will,” while potentially probative of the second prong of the test, is not a requirement to prevail under § 8371. Evidence of an insurer’s “knowledge or reckless disregard for its lack of a reasonable basis” for denying a claim alone, according to the court, is sufficient even in cases seeking punitive damages. Reprinted courtesy of John Anooshian, Saxe Doernberger & Vita, P.C. and Sean Mahoney, Saxe Doernberger & Vita, P.C. Mr. Anooshian may be contacted at anooshianj@whiteandwilliams.com Mr. Mahoney may be contacted at majoneys@whiteandwilliams.com Read the court decision
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Arctic Roads and Runways Face the Prospect of Rapid Decline

July 19, 2021 — Tony Frangie Mawad - Bloomberg
Melting permafrost across Arctic regions has already caused highways to buckle and homes to sink. A new study conducted in the north of Alaska helps explain why rising temperatures are hitting roads, airports and other infrastructure particularly hard. Researchers who monitored temperatures and melting near Prudhoe Bay on Alaska’s North Slope documented how the thawing of frozen ground beneath a highway tended to spread laterally to the side of the road, with the melting process accelerated by snow accumulations and puddling. Those interactions led to more rapid thawing than in areas of undisturbed permafrost. Researchers also found that melting in their test area, alongside a highway that runs atop permafrost, followed a two-phase process — a gradual initial thaw, followed by an accelerated process once warming exceeded a critical point. Read the court decision
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Reprinted courtesy of Tony Frangie Mawad, Bloomberg

Subcontractor Exception to Your Work Exclusion Paves the Way for Coverage

April 03, 2013 — CDJ STAFF
In a brief opinion, the Second Circuit vacated the district court's denial of coverage for construction defects. Scottsdale Ins. Co. v. R.I. Pools Inc., 2013 U.S. App. LEXIS 5680 (2nd Cir. March 21, 2013). The insured, R.I. Pools, employed outside companies to supply concrete and to shoot the concrete into the ground. During the summer of 2006, it obtained its concrete from one subcontractor and used another to shoot the concrete. In 2009, nineteen customers of R.I. Pools from 2006 complained damage to their pools, including cracking, flaking, and deteriorating concrete. Scottsdale sought a declaratory judgment against R.I. Pools that it had no obligations under the policy to defend or indemnify for claims related to cracks in the pools. Read the court decision
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Reprinted courtesy of Tred Eyerly
Tred Eyerly can be contacted at te@hawaiilawyer.com

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