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DIRECTORY AND CAPABILITIES

Washington School District Sues Construction Company Over Water Pipe Damage

August 27, 2014 — Beverley BevenFlorez-CDJ STAFF
The Yakima Herald reported that “[t]he Toppenish School District is suing a local construction company over a breach of contract that allegedly led to defective water pipes at one of its elementary schools, according to a complaint filed with the Yakima County Superior Court earlier this week.” According to the complaint (as reported by the Yakima Herald), Toppenish officials alleged that the Huylar Construction Co. failed to install calcium silicate seals during the pipe installation. Furthermore, the complaint stated that last November, the school district discovered “’[e]xtensive corrosion and deterioration’ of the pipes.” Toppenish argued that failure to install the seals is a breach of contract. Toppenish is suing for about $120,000. The Yakima Herald stated that a Huylar representative “could not be reached for comment.” Read the court decision
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Consumer Confidence in U.S. Increases More Than Forecast

August 26, 2015 — Victoria Stilwell – Bloomberg
Consumer confidence climbed more than forecast in August to the second-highest level in eight years as Americans held more favorable views of the labor market. The Conference Board’s index rose to 101.5 this month from a revised July reading of 91, the New York-based private research group said Tuesday. The gauge exceeded the highest estimate in a Bloomberg survey of economists, whose median forecast was 93.4. The cutoff date for the survey was Aug. 13, before the recent stock-market sell-off. Americans remained emboldened by job gains, cheaper gasoline and rising home prices in the period leading up to a slump in stock prices as global financial markets took a turn for the worse. The risk for the economy is that households will reassess their spending plans as they wait for evidence the U.S. expansion can withstand such shocks. Read the court decision
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Reprinted courtesy of Victoria Stilwell, Bloomberg

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Business Insurance Names Rachel Hudgins Among 2024 Break Out Award Winners

April 22, 2024 — Hunton Insurance Recovery Blog
We are pleased to announce that counsel Rachel E. Hudgins has been recognized as one of Business Insurance’s 2024 Break Out Award winners. The magazine’s Break Out Awards honor 40 top professionals each year from a competitive field of nominees who have under 15 years’ experience in the insurance and risk management sector and are “on track to be the next leaders in the risk management and property/casualty insurance field.” Clients describe Rachel as their “chief contact for high-exposure coverage work.” She meets clients where they are with a curiosity and interest in their business strategies, as well as an ability to distill complex insurance concepts into digestible terms. Rachel also has depth of experience in coverage litigation. She has litigated hundreds of insurance coverage and bad faith claims in state and federal courts across the country and US territories. Read the court decision
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Reprinted courtesy of Hunton Andrews Kurth LLP

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Homeowner’s Policy Excludes Coverage for Loss Caused by Chinese Drywall

November 18, 2011 — Tred R. Eyerly - Insurance Law Hawaii

Exclusions barred the homeowners from recovering for losses caused by Chinese drywall in their home. Ross v. C. Adams Const. & Design, L.L.C., 2011 La. App. LEXIS 769 (La. Ct. App., released for publication Oct. 5, 2011).

Two years after purchasing their home, the Rosses began experiencing chronic malfunctions in the heating, ventilation and air conditioning system. After discovering the presence of gypsum drywall, or "Chinese drywall", they submitted a claim to their insurer, Louisiana Citizens Property Insurance Company, for damages caused by the Chinese drywall. Louisiana Citizens denied the claim.

The Rosses sued. The trial court granted summary judgment to Louisiana Citizens based upon exclusions in the policy.

On appeal, the appellate court first agreed the Rosses had sustained a direct physical loss. The inherent qualities of the Chinese drywall created a physical loss to the home and the drywall had to be removed and replaced.

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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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Exception to Watercraft Exclusion Does Not Apply

September 24, 2014 — Tred R. Eyerly – Insurance Law Hawaii
The court determined that an additional insured was not entitled to coverage despite an exception to the watercraft exclusion. Holden v. U.S. United Ocean Serv., LLC, 2014 U.S. App. LEXIS 15954 (5th Cir. Aug. 19, 2014). United entered a contract with Buck Kreihs Company, Inc. under which Buck Kreihs would perform ship-repair work for United. Under the contract, Buck Kreihs would indemnify United for all liabilities arising out of the work or services performed by Buck Kreihs for United. The contract further provided that Buck Kreihs was to procure general liability coverage and name United as an additional insured. Buck Kreihs did so under a policy issued by St. Paul. Holden, an employee of Buck Kreihs, was injured while preparing to remove a gangway that led from a dock at Buck Kreihs's facility to a barge owned by United. Holden sued United, which tendered to St. Paul as an additional insured. St. Paul denied coverage under the policy's watercraft exclusion. Holden and United settled. United pursued its third party suit against St. Paul. The district court granted summary judgment to St. Paul. 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

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Colorado HB 13-1090: Concerning Payment of Amounts Due Under a Construction Agreement

February 21, 2013 — David M. McLain — Higgins, Hopkins, McLain & Roswell, LLC
On January 17, 2013 Representative Fischer introduced House Bill 13-1090 into the Colorado House of Representatives. HB 1090 was assigned the House Business, Labor, Economic and Workforce Development Committee. The bill, sponsored by Senator Tochtrop in the Senate, sets the following requirements for both private and public construction contracts: The owner and contractor must make regular progress payments approximately every 30 days to contractors and subcontractors for work actually performed. To receive the progress payments, the contractor and subcontractor must submit a progress payment invoice plus any required documents. A contractor must pass on the progress payment to the subcontractor within 5 days or by the end of the billing cycle. Interest accrues on unpaid progress payments. A contract may extend a billing cycle to 60 days, but the contract must duly warn of this. Read the court decision
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Reprinted courtesy of David M. McLain
mclain@hhmrlaw.com

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A Deep Dive Into an Undervalued Urban Marvel

December 26, 2022 — Linda Poon - Bloomberg
Deep beneath the city, an intricate network of pipes and pumps carries our waste to treatment facilities. Ideally, the entire process is hidden from the eyes — and nose — of the urban dweller who, from the moment the toilet flushes, remains blissfully unaware of what it takes to direct billions of gallons of wastewater out of a city. The development of sewer infrastructure is one of the perks of modern urban living, rendering the consequences of our daily habits out of sight, out of mind — until it doesn’t. In the US and beyond, many sanitation systems date back to the early 20th century or earlier, and they’re showing their age: Increasingly heavy downpours as a result of climate change often overwhelm antiquated combined sewers that collect stormwater as well as wastewater, while leaky pipes and trash-laden clogs bring stinky backups that can poison local waterways. But as cities scramble to repair and update their networks, another challenge lurks: Getting people to stop taking for granted a public good that’s essential but invisible. Read the court decision
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Reprinted courtesy of Linda Poon, Bloomberg

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Used French Fry Oil Fuels London Offices as Buildings Go Green

December 10, 2015 — Siobhan Wagner – Bloomberg
PricewaterhouseCoopers LLP’s office above Charing Cross railway station in London is cooled, heated and fueled by an unlikely source: used cooking oil. The system, which helped the property become the greenest building in the U.K. capital, uses oil refined less than two miles away at London Bridge. It also helps prevent an invisible problem: “fatbergs” formed when oils dumped in drains and pipes congeal with baby wipes and diapers and block the city’s sewers. “We’re using London’s waste to fuel a London office building,” said Jon Barnes, head of building at PwC. The system contributed toward a one-third reduction in electricity costs after a two-year refurbishment of the One Embankment Place office building that finished last year. Read the court decision
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Reprinted courtesy of Siobhan Wagner, Bloomberg

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