Fairfield Connecticut Building Expert Directory

Reasonable Expectations – Pennsylvania’s Case by Case Approach to the Sutton Rule

February 12, 2024 — Melissa Kenney - The Subrogation Strategist
In Mutual Benefit Ins. Co. a/s/o Michael Sacks v. Koser, No. 1340 MDA 2023, 2023 Pa. Super. LEXIS 574, 2023 PA Super 252 (Mutual Benefit), the Superior Court of Pennsylvania discussed whether a landlord’s property insurer could file a subrogation action against tenants that had negligently damaged the landlord’s property. Despite there being more than one clause in the lease holding the tenants liable for the damages, the court held that because there was a provision requiring the landlord, not the tenants, to insure the leased building, the insurer could not subrogate against the tenants. In Pennsylvania, a tenant’s liability for damage to a leased premises in a subrogation action brought by a landlord’s insurer is determined by the reasonable expectation of the parties to the lease agreement. Under this approach, to determine if subrogation is permitted, the court considers the circumstances of the case and examines the terms of the lease agreement. In Mutual Benefit, the tenants leased and resided in a residential home pursuant to a lease agreement. The lease specifically addressed insurance, stating that landlord was responsible for obtaining insurance on the dwelling and the landlord’s personal property, and tenants were encouraged to procure separate insurance for their personal property. The lease also addressed liability for damage to the leased property, stating generally that the tenants were responsible for damage caused by the tenants’ negligence. Read the court decision
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Reprinted courtesy of Melissa Kenney, White and Williams
Ms. Kenney may be contacted at kenneyme@whiteandwilliams.com

House Approves $715B Transportation and Water Infrastructure Bill

July 11, 2021 — Tom Ichniowski - Engineering News-Record
Another building block for infrastructure legislation has moved into place with the House’s approval of a five-year $715-billion surface transportation and water infrastructure package. Reprinted courtesy of Tom Ichniowski, Engineering News-Record Mr. Ichniowski may be contacted at ichniowskit@enr.com Read the full story... Read the court decision
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Partner Jason Taylor and Senior Associate Danielle Kegley Successful in Appeal of Summary Disposition on Priority of Coverage Dispute in the Michigan Court of Appeals

December 11, 2023 — Jason Taylor & Danielle K. Kegley - Traub Lieberman
In this appeal brought before the Michigan Court of Appeals, the appellate court ruled in favor of Traub Lieberman’s insurance carrier client (the “Carrier” or “Client”), affirming an award of summary disposition in favor of the Carrier in a coverage lawsuit. The coverage lawsuit involved a priority dispute between the Carrier and another insurer over which company’s policy had responsibility to cover the defense of their mutual insured, a heating and cooling contractor (the “Insured”) in an underlying lawsuit alleging carbon monoxide poisoning. The Carrier issued a contractor’s pollution liability policy and the other insurer issued a commercial general liability policy to the Insurer. Both the Carrier and the other insurer filed cross-motions for summary disposition in the trial court on the priority of coverage issue. The trial court granted the Client’s motion, holding that the CGL carrier was the primary insurer based on the language in the policies’ “other insurance” clauses. The trial court rejected the CGL carrier’s argument to apply the “total policy insuring intent” or “closest to the risk” tests—tests which Michigan courts have not adopted. Specifically, the court rejected the CGL carrier’s argument that the Client’s contractor’s pollution liability policy was more specifically tailored to the loss in the underlying lawsuit. The trial court also rejected CGL carrier’s alternative argument that the “other insurance” clauses in the policies were irreconcilable, requiring a pro rata allocation based on the respective limits of the policies. Reprinted courtesy of Jason Taylor, Traub Lieberman and Danielle K. Kegley, Traub Lieberman Mr. Taylor may be contacted at jtaylor@tlsslaw.com Ms. Kegley may be contacted at dkegley@tlsslaw.com Read the court decision
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Stadium Intended for the 2010 World Cup Still Not Ready

June 18, 2014 — Beverley BevenFlorez-CDJ STAFF
Four years after the HM Pitje Stadium in Pretoria, South Africa was expected to open, the stadium, which was meant to be used during the 2010 World Cup, remains closed. IOL News reported that upgrades began in 2006, “[b]ut since then there have been delays and problems with construction which may see the stands having to be rebuilt.” One of the defects that prevented the stadium from being used for the World Cup was that the slope of the main pavilion was too steep. City of Tshwane spokesman Selby Bokaba told IOL News: “Upgrading of the stadium will take approximately two calendar years, with the completion date reliant on the approval and budget availability.” Read the court decision
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Hunton Insurance Practice Receives Top (Tier 1) National Ranking by US News & World Report

June 27, 2022 — Hunton Insurance Recovery Blog
Hunton Andrews Kurth LLP’s insurance practice has received U.S. News & World Report’s highest national ranking (Tier 1) in its ranking of Best Law Firms for Insurance Law. Law firms are ranked in tiers from 1 (highest) to 3 (lowest) based on quantitative data that speaks to general demographic and background information on the practice group, attorneys, and other data that speaks to the strengths of a law firm’s practice as well as qualitative client feedback about:

the practice group’s expertise,
responsiveness,
understanding of a business and its needs,
cost-effectiveness,
civility, and
whether the client would refer another client to the firm.

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Reprinted courtesy of Hunton Andrews Kurth LLP

More Business Value from Drones with Propeller and Trimble – Interview with Rory San Miguel

August 10, 2017 — Aarni Heiskanen - AEC Business
Here’s my interview with Rory San Miguel, CEO of Propeller Aerobotics, a UAV tech company. We’re discussing the use of drones in construction and the company’s recently announced collaboration with Trimble to deliver efficient UAV workflows. You’re a co-founder of Propeller. How did your company come about? I met Francis (Propeller co-founder) in 2013 at a drone delivery startup called Flirtey. There we worked closely on drone technology as engineers but ultimately felt like there were nearer term revenue opportunities for drones in the mapping/surveying space. We quickly spun out to start Propeller and have focussed on making drone data easy for construction, mining, quarries and landfills since then. Read the court decision
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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at info@aepartners.fi

Insurer's Denial of Coverage to Additional Insured Constitutes Bad Faith

May 21, 2014 — Tred R. Eyerly – Insurance Law Hawaii
The insurer's unreasonable denial of a defense and indemnity to a lessor/additional insured was found to be in bad faith. Seaway Props. v. Fireman's Fund Ins. Co., 2014 U.S. Dist. LEXIS 55998 (W.D. Wash. April 22, 2014). Seaway leased restaurant space to Ciao Bella Food, LLC. In January 10, 2010, the underlying plaintiff was on her way to the restaurant when she attempted to step down from a concrete platform between the building parking lot and the entrance to the restaurant. Seaway's lease gave Ciao Bella the right to use the common areas, including the parking lot, but did not grant Ciao Bella exclusive control over the common areas. The plaintiff suffered injuries and claimed both Ciao Bella and Seaway were liable. Seaway's lease required Ciao Bella to maintain a CGL policy and to name Seaway as an additional insured. Ciao Bella did so by securing a policy with Fireman's Fund. Fireman's Fund had notice of the plaintiff's claim by November 2010. Seaway demanded in March 2012 that Fireman's Fund indemnify and defend it. In September 2012, two years after it first learned of the plaintiff's injury, Fireman's Fund denied coverage, asserting that Seaway was not an insured under the policy. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Exploring the Future of Robotic Construction with Dr. Thomas Bock

November 06, 2023 — Aarni Heiskanen - AEC Business
In this episode of the AEC Business podcast, host Aarni Heiskanen interviews Dr. Thomas Bock, a renowned expert in construction robotics. With 45 years of experience in the field and multiple books on the topic, Thomas shares his insights and expertise. Tune in to learn more about his professional journey and the advancements in construction robotics. An unconventional professional journey Thomas’s journey in construction robotics began when he built his own house as a student. The labor-intensive process led him to explore the potential of robotics in construction. He studied civil engineering and architecture simultaneously, gaining a multidisciplinary understanding of the field. His interest in robotics grew when he saw the first welding robot at a Daimler-Benz factory in Stuttgart. This encounter sparked his curiosity and led him to question why robots couldn’t be used for assembling walls and buildings. The Illinois Institute of Technology (IIT) in Chicago was one of Thomas’s destinations during his journey. There he studied under professors who had worked on iconic architectural projects. He also learned about Japanese companies like Toyota and Sekisui, which were producing houses using innovative methods. Intrigued by these advancements, Thomas secured a scholarship to study in Japan, where he discovered that the country was ahead of what he had known in the United States. Read the court decision
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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES