FAIRFIELD CONNECTICUT BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Motion to Dismiss COVID Claim Granted in Part, Denied in Part

February 06, 2023 — Tred R. Eyerly - Insurance Law Hawaii
The insurer's motion to dismiss the insured's claim for business losses due to COVID-19 was granted in part, denied in part. SRL v Zurich Am. Ins Co., 2022 U.S. Dist. LEXIS 210058 (N.D. Ill. Nov. 21, 2022). Excelsior owned and managed the Westin Excelsior Rome, a luxury hotel in Rome. The hotel suffered business income losses with the onset of the pandemic.While the hotel was not forced to close, its bookings decreased to virtually nothing. The Excelsior's complaint alleged that the COVID-19 virus was present in and around the hotel as multiple guests and at least six employees tested positive for COVID-19. It further alleged that the virus attached to interior property and was in the air. Excelsior was insured under a commercial property policy issued by Zurich. The court agreed there was no direct physical loss because no structure suffered damage. Among the coverages under the policy, however, was a "Cancellation of Bookings" provision. Zurich agreed there was coverage under this provision, but argued that Excelsior had already reached its annual limit for Cancellation of Bookings claims. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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Sales of New U.S. Homes Rose More Than Forecast to End 2014

January 28, 2015 — Bloomberg News
(Bloomberg) -- Purchases of new homes in the U.S. jumped in December to the highest level in more than six years, a sign the industry is poised to keep expanding in 2015. Sales increased 11.6 percent to a 481,000 annualized pace, exceeding all estimates in a Bloomberg survey of economists and the most since June 2008, figures from the Commerce Department showed Tuesday in Washington. Demand increased in three of four regions. Gains in employment, borrowing costs close to historically low levels and easing credit may prompt more prospective buyers to enter the housing market. The improving outlook is driving up confidence among builders, and companies such as D.R. Horton Inc. and Lennar Corp. project the recovery will be sustained. Read the court decision
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Nevada Update: Nevada Commissioner of Insurance Updates Burning Limits Statute with Emergency Regulation

September 06, 2023 — William S. Bennett - Saxe Doernberger & Vita, P.C.
Following significant backlash in reaction to its enactment of legislation prohibiting enforcement of any provisions in liability insurance policies dictating that defense costs are included within the limits of insurance, the Nevada Division of Insurance issued an emergency regulation further clarifying the law.1 The regulation modifies two key aspects of the original law:

1. The term “policy of liability insurance,” as used in the statute, shall only mean those casualty insurance policies offered by insurers authorized under NRS 680A.060 and NRS 694C.230 to issue third-party liability insurance. In other words, the statute’s restrictions on eroding limits will no longer apply to “non-admitted” insurers.

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Reprinted courtesy of William S. Bennett, Saxe Doernberger & Vita, P.C.
Mr. Bennett may be contacted at wsb@sdvlaw.com

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Best Practices for Installing Networks in New Buildings

August 14, 2023 — Patrick Chown - Construction Executive
A previous article, "How to Install Networks in an Old Building," discussed the various challenges of implementing networking infrastructure in older spaces. The building layout, age of the building and use cases were the major challenges involved. New buildings provide an opportunity to incorporate state-of-the-art networking infrastructure from the ground up. Careful planning and foresight are essential to ensure optimal network performance and avoid future issues. In new buildings, including corporate offices, multifamily residential complexes, hospitals, educational institutions and retail spaces, the potential use cases and users can vary significantly. Each of these spaces comes with its unique networking requirements. Regardless of the specific network applications, there are fundamental frameworks and best practices that can be employed to build a solid network foundation. By following these guidelines and adapting them to the specific needs of your new building, you can ensure a robust and flexible network infrastructure that accommodates ever-evolving technological demands. Reprinted courtesy of Patrick Chown, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Federal Court Requires Auto Liability Carrier to Cover Suit Involving Independent Contractor Despite “Employee Exclusion”

August 30, 2017 — H. Scott Williams & Brendan Holt - Saxe Doernberger & Vita, P.C.
A recent federal court decision rendered in July of 2017 highlights the importance of worker classification in the transportation industry and the potential insurance implications. In Spirit Commercial Auto Risk Retention Grp., Inc. v. Kailey, 1 the court determined that an “employee exclusion” in a motor carrier’s automobile liability insurance policy did not exclude coverage for liability resulting from the bodily injury of an independent contractor operating the motor carrier’s tractor-trailer. In April of 2014, a team of two drivers hired by the motor carrier, Kailey Trucking Line (KTL), were involved in a collision while operating KTL’s truck. The passenger in the truck, who was not operating the vehicle at the time, was killed in the accident. Subsequently, the spouse of the decedent filed suit against KTL as well as the driver of the truck. KTL sought coverage for the suit under its automobile liability insurance policy, issued by Spirit Commercial Auto Risk Retention Group, Incorporated (Spirit). However, Spirit took the position that it had no duty to defend or indemnify KTL, and ultimately filed a declaratory judgment action in United States District Court for the Eastern District of Missouri. The policy issued to KTL provided coverage for damages due to bodily injury or property damage caused by an accident resulting from the ownership, maintenance, or use of a covered auto. However, the policy excluded from coverage any bodily injury to an employee or fellow employee of the insured arising out of and in the course of employment of the insured. Accordingly, to the extent that the decedent qualified as an “employee” of KTL, Spirit had no duty to indemnify KTL in the litigation. Reprinted courtesy of H. Scott Williams, Saxe Doernberger & Vita, P.C. and Brendan C. Colt, Saxe Doernberger & Vita, P.C. Mr. Holt may be contacted at bch@sdvlaw.com Mr. Williams may be contacted at hsw@sdvlaw.com Read the court decision
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Condo Developers Buy in Washington despite Construction Defect Litigation

October 22, 2014 — Beverley BevenFlorez-CDJ STAFF
Marc Stiles writing for Puget Sound Business Journal stated that “[t]he belief that contractors have been scared off by the legal liabilities that come with [condo] projects doesn't seem to hold water.” He interviewed Suzi Morris, of Lowe Enterprises, who plans on building a new condo tower in Seattle this November. Morris stated that they didn’t have any problems getting construction bids for the 24-story tower. According to the Puget Sound Business Journal, “The development team is trying to head off construction defect claims by planning and documenting with photos their work.” Stiles did admit that an unnamed “source in Seattle who consults on condo projects knows of two large general contracting companies that won't bid on condo projects because of” potential construction defect litigation. Read the court decision
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Justin Bieber’s Unpaid Construction Bill Stalls House Sale

March 26, 2014 — Beverley BevenFlorez-CDJ STAFF
The Toronto Sun reported that Justin Bieber’s Calabasas, California house sale to Khloe Kardashian has been stalled due to a an unpaid construction bill. Bieber sold the home for $7.2 million, but allegedly owes $85,000 to a construction company for home repairs. Bieber moved out of his mansion in Calabasas “to Atlanta, Georgia after numerous encounters with the police regarding alleged loud parties, speeding in the gated community and 'egging' a [neighbor’s] house,” according to the Toronto Sun. Bieber has a week to pay the lien, or the house sale does not go through. Read the court decision
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Granting Stay, Federal Court Reviews Construction Defect Coverage in Hawaii

January 06, 2012 — Tred R. Eyerly - Insurance Law Hawaii

The federal district court ultimately stayed a construction defect case, but offered comments on the current status of coverage disputes for such defects in Hawaii. See National Union Fire Ins. Co. of Pittsburgh, Pa. v. Simpson Mfg. Co., 2011 U.S. Dist. LEXIS 128481(D. Haw. Nov. 7, 2011).

National Union filed a complaint for declaratory relief to establish it had no duty to defend or to indemnify Simpson Manufacturing Company in four actions pending in the Hawaii state courts. The state court actions concerned allegedly defective hurricane strap tie hold downs that were manufactured and sold by Simpson. The hurricane ties allegedly began to prematurely corrode and rust, causing cracking, spalling and other damage to homes.

National Union contended the underlying allegations did not constitute "property damage" caused by an "occurrence," as defined in the policies.

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

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