Renee Mortimer Recognized as "Defense Lawyer of the Year" by DTCI
December 13, 2022 —
Renee Mortimer - Lewis BrisboisHighland, Ind. (November 21, 2022) - Northwest Indiana Managing Partner Renee J. Mortimer was recently named "Defense Lawyer of the Year" by the Defense Trial Counsel of Indiana (DTCI). She was officially recognized at a Board & Officers dinner the evening before the DTCI's annual conference, which took place in Michigan City, Indianapolis from November 17 to 18.
The DTCI gives out three awards every year as part of its annual conference, including "Defense Lawyer of the Year," "Diplomat," and "Outstanding Young Lawyer." This year, two recipients received the "Diplomat" recognition
"I am honored to receive this recognition from my peers and look forward to continuing my work with the DTCI," said Ms. Mortimer.
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Renee Mortimer, Lewis BrisboisMs. Mortimer may be contacted at
Renee.Mortimer@lewisbrisbois.com
Up in Smoke - 5th Circuit Finds No Coverage for Hydrochloric Acid Spill Based on Pollution Exclusion
October 19, 2020 —
Kerianne E. Kane & David G. Jordan - Saxe Doernberger & VitaThe Fifth Circuit Court of Appeals recently held that an insurer was not obligated to pay damages associated with a hydrochloric acid spill based on a pollution exclusion in the policy.
In Burroughs Diesel, Inc. v. Travelers Indemnity Co. of America,1 a trucking company sued its property insurer, Travelers Indemnity Company of America (“Travelers”) when it refused to pay a claim for a storage tank leak which resulted in over 5,000 gallons of hydrochloric acid entering the property and causing significant damage to buildings, vehicles, tools, and equipment. The acid was initially dispensed in liquid form, but quickly became a cloud that engulfed the property. Travelers denied coverage for the claim based on the pollution exclusion because “acids” fell within the policy’s definition of “pollutants.”
The trucking company sued Travelers in the United States District Court for the Southern District of Mississippi, alleging breach of contract and breach of good faith and fair dealing for refusing to pay the claim. The trucking company argued that coverage was warranted because there is an exception to the pollution exclusion if “the discharge, dispersal, seepage, migration, release or escape is itself caused by any of the ‘specified causes of loss,’” and the hydrochloric acid cloud was a form of “smoke,” which is a specified cause of loss covered by the policy. The District Court entered summary judgment in favor of Travelers, finding that the trucking company failed to demonstrate that an exception to the pollution exclusion applied. The trucking company appealed to the Fifth Circuit Court of Appeals.
Reprinted courtesy of
Kerianne E. Kane, Saxe Doernberger & Vita and
David G. Jordan, Saxe Doernberger & Vita
Ms. Kane may be contacted at kek@sdvlaw.com
Mr. Jordan may be contacted at dgj@sdvlaw.com
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Amendments to California Insurance Code to Require Enhanced Claims Handling Requirements for Claims Arising Out Of Catastrophic Events
September 04, 2019 —
Jon A. Turigliatto, Esq. & Ravi R. Mehta, Esq. – Chapman Glucksman Dean Roeb & Barger BulletinSenator Bill Dodd, who represents Napa County and surrounding areas in the California Senate, has recently introduced Senate Bill 240, known colloquially as The Insurance Adjuster Act of 2019. S.B. 240 would amend the California Insurance Code to streamline and organize claim processing, particularly during a state of emergency / catastrophic events. The proposal is in response to a series of devastating wildfires which ravaged the Sonoma County and Napa Valley wine country during the 2017 fire season (Atlas, Tubbs, and Nun fires). Many of Senator Dodd’s constituents reported difficulty in navigating the claim process due to multiple claim professionals handling a single claim, many of whom were outside of California, and many of whose capabilities were challenged.
S.B. 240 would direct the Department of Insurance to issue annual notices setting forth legal developments as they relate to property insurance policies, including best practices for evaluating damage caused by an emergency, and requires out-of-state claims professionals to certify, under penalty of perjury, that they have read these notices along with claim adjusting literature also prepared by the Department of Insurance.
S.B. 240 would also require insurers to designate a primary point of contact for their customers during a state of emergency until the claim is closed or litigation is initiated. While the proposed legislation would not prohibit multiple claims professionals handling a single claim, it would provide for training standards issued by the Department of Insurance on how best to handle claims in a state of emergency.
Further, S.B. 240 would require claims professionals who are not licensed in California (1) to be supervised by a licensed California claims professional, and (2) to read and understand the annual emergency claim adjusting literature issued by the Department of Insurance within 15 calendar days of beginning adjusting of claims in California.
The bill passed the Senate by unanimous vote and is pending in the Assembly. The bill is also supported by Insurance Commissioner Ricardo Lara. Accordingly, the bill is expected to pass the Legislature. Once enacted, S.B. 240 would significantly elevate claim adjusting requirements related to emergencies, such as natural disasters, by placing greater oversight in the Department of Insurance, and greater responsibility on claims professional within and outside of California. How pragmatic these requirements are and what practical impact they will have on the industry are developments which we will follow and provide further commentary as this bill makes its way through the California legislature and into the California Insurance Code.
Reprinted courtesy of
Jon A.Turigliatto, Chapman Glucksman Dean Roeb & Barger and
Ravi R. Mehta, Chapman Glucksman Dean Roeb & Barger
Mr. A.Turigliatto may be contacted at jturigliatto@cgdrblaw.com
Mr. Mehta may be contacted at rmehta@cgdrblaw.com
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Discussion of the Discovery Rule and Tolling Statute of Limitations
February 26, 2015 —
Beverley BevenFlorez-CDJ STAFFAttorney Clay Olson analyzed a recent South Carolina appeals case that “discussed the threshold for ‘notice’ as it pertains to statute(s) of limitations in construction defect cases. At the root of this action was a 2003 forensic report obtained by the HOA which was not acted upon until 2009.”
Olson presented the background of the case as well as the case progression. Olson concluded, “It is well settled that an expert’s findings, when presented to a claimant, trigger the statute of limitations as to the specific defective conditions and locale where defects are present. This case is interesting in its treatment of the initial report as a trigger of all defects in not only the main building which was subject of the 2003 report, but additional structures.”
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Mercury News Editorial Calls for Investigation of Bay Bridge Construction
July 01, 2014 —
Beverley BevenFlorez-CDJ STAFFEditors at the San Jose Mercury News called for investigations of the construction of the new eastern span of the Bay Bridge: “It's time for public officials, especially members of the Metropolitan Transportation Commission, state legislators and Gov. Jerry Brown, to demand thorough independent analyses.”
Problems with the $6.5 billion structure were found about nine months ago, which led to questions regarding the “integrity and maintenance costs” that were allegedly covered up by Caltrans officials. Issues raised included questions “about the strength of thousands of bolts, including at the base of the tower and the connections of the main cable; cracked welds in the suspension span; and rusting of the single cable holding up the bridge.”
The Mercury editors, however, do not show much optimism about the situation: “It's likely that, absent a political outcry, Caltrans will sign off. From the start, agency officials have failed to adequately oversee the construction and thrown public money at problems while trying to cover-up their own failures. Brown, ultimately responsible for Caltrans, has dismissed concerns about the bridge's integrity.”
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South Africa Wants Payment From Colluding World Cup Builders
July 23, 2014 —
Kamlesh Bhuckory and Mike Cohen – BloombergSouth Africa’s government is putting pressure on construction companies to make further payments as punishment for rigging contracts to build stadiums for the 2010 FIFA Soccer World Cup and other projects.
Antitrust authorities fined 15 builders, including Murray & Roberts Holdings Ltd. (MUR) and Aveng Ltd., a total of 1.5 billion rand ($141 million) in June 2013, after a probe that spanned almost four years found they colluded to drive up prices.
“The 1.5 billion rand in penalties is not the end of the story with the construction industry,” Economic Development Minister Ebrahim Patel told lawmakers in Cape Town today. “We are now in discussion with the construction industry on a restitution package for their collusion and price fixing.”
Mr. Bhuckory may be contacted at kbhuckory@bloomberg.net; Mr. Cohen may be contacted at mcohen21@bloomberg.net
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Kamlesh Bhuckory and Mike Cohen, Bloomberg
Ireland Said to Plan Home Loans Limits to Prevent Bubble
October 01, 2014 —
Joe Brennan – BloombergIreland’s central bank plans to impose limits for the first time on how much banks can lend home buyers as real estate values soar again in the home of western Europe’s worst property collapse, two people with knowledge of the matter said.
The regulator is preparing to publish a consultation paper on its proposals within weeks, said one of the people, who asked not to be named, as the matter is private. Banks and lobby groups will have a chance to comment on the plans, which center on introducing loan-to-value and loan-to-income restrictions. A spokesman for the central bank in Dublin declined to comment.
Irish homes prices are surging even as banks grapple with the aftermath of mortgage crisis that forced the government to bail out most of the nation’s lenders. A quarter of the country’s owner-occupier home loans are in arrears or had their terms eased. Loans granted during the boom for more than 85 percent of the property value were most likely to default in the wake of the crash, central bank economists said today.
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Joe Brennan, BloombergMr. Brennan may be contacted at
jbrennan29@bloomberg.net
ACEC Research Institute Releases New Engineering Industry Forecast
December 13, 2021 —
American Council of Engineering CompaniesWashington, DC, Dec. 09, 2021 (GLOBE NEWSWIRE) -- Today, the ACEC Research Institute released two new reports on the Engineering and Design Services industry: the 2021 Economic Assessment of the Engineering and Design Services Industry and a new Engineering Business Sentiment report for Q4 2021.
The data shows the industry has rebounded from project postponements due to COVID, though firms identify a tight labor market and lack of qualified workers as continued barriers to growth across public and private markets.
This is the second annual release of the Engineering and Design Services industry assessment, which tracks the industry's economic contributions, analyzes key economic drivers, and forecasts industry growth.
Snapshot of the Engineering and Design Services Industry:
1.5 million direct full- and part-time jobs
$97,300 average yearly wages
$338 billion in industry sales
$198 billion direct economic contribution
$105 billion collected in total federal, state & local tax
Both reports, the 2021 Economic Assessment of the Engineering and Design Services Industry and the Engineering Business Sentiment report for Q4 2021, are available for download by clicking
here.
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The ACEC Research Institute is the research arm of the American Council of Engineering Companies – the business association of the nation's engineering industry. The ACEC Research Institute's mission is to deliver knowledge and business strategies that guide and elevate the engineering industry and to be the leading source of knowledge and thought leadership for creating a more sustainable, safe, secure and technically advanced built environment. For more information, go to www.acecresearchinstitute.org.
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