Navigating Casualty Challenges and Opportunities
October 07, 2024 —
Kyle Sternadori - The HartfordUS casualty has arguably been the hottest topic in the sector over the last year amid growing concerns over deteriorating loss trends. E&S Insurer talks to Kyle Sternadori, head of wholesale excess casualty at Navigators, a brand of The Hartford.
Featured in the July 2024 edition of E&S Insurer.
How are you approaching current E&S excess casualty market dynamics?
We are focusing on loss trends, such as rising loss costs, and staying ahead of those trends. As an excess market there are ways to do that: managing capacity and limits deployment across the portfolio; working internally amongst claims, actuarial, data science to stay ahead of that; and using your own data. Staying ahead of the curve is essentially what we're trying to do.
It started for us probably even before the market hardened. You saw towers of coverage that used to be maybe three markets and nowadays it could be 10 to 15 markets for similar coverage, with each market minimizing its downside.
Read the full story...Reprinted courtesy of
Kyle Sternadori, The Hartford
ASCE Statement on Devastating Impacts of Hurricane Helene
October 07, 2024 —
Marsia Geldert-Murphey, P.E., President - American Society of Civil EngineersWASHINGTON, DC. – We are deeply saddened by the tragic loss of life across six states, in addition to the immeasurable damages caused by Hurricane Helene throughout the Southeast this past week. Hundreds of communities are without power. Citizens cannot move safely from one place to another. And in its wake, the storm has left many without drinking water and sewage services. As civil engineers, our first priority when we design and build the structures that connect us is the public's safety and well-being; we are heartbroken to see so many lives lost or upended by Hurricane Helene.
As someone who has experienced losing everything in a catastrophic flood event, I have seen first-hand the need for making communities more resilient, and the consequences of failing to do so. Although hurricanes have consistently been a threat in the U.S., particularly in the Southeast, extreme weather events and 500-year floods are increasing in regularity and our aging infrastructure systems were not built to withstand storms of this magnitude. Total prevention of loss of life or property damage can never be guaranteed, but Helene is a reminder of the importance of widespread adoption of up-to-date, modern building codes and standards.
We are thankful for the hard work of first responders, the military, and other organizations working around the clock to save lives and meet the immediate needs of people affected by this storm. As communities begin the long recovery process, civil engineers will be there to help communities rebuild the roads, bridges, dams, water systems, and other infrastructure damaged or destroyed by the storm.
ABOUT THE AMERICAN SOCIETY OF CIVIL ENGINEERS
Founded in 1852, the American Society of Civil Engineers represents more than 160,000 civil engineers worldwide and is America's oldest national engineering society. ASCE works to raise awareness of the need to maintain and modernize the nation's infrastructure using sustainable and resilient practices, advocates for increasing and optimizing investment in infrastructure, and improve engineering knowledge and competency. For more information, visit www.asce.org or www.infrastructurereportcard.org and follow us on Twitter, @ASCETweets and @ASCEGovRel.
Word of the Day: “Contractor”
September 16, 2024 —
Garret Murai - California Construction Law BlogWhat’s in a word? When it comes to insurance policies, a word, can potentially mean millions of dollars.
In
California Specialty Insulation, Inc. v. Allied World Surplus Lines Insurance Company, 102 Cal.App.5th 1 (2024), an insured and its insurer battled it out over the word “contractor,” and whether an exclusion from coverage of bodily injury to any employee or temporary worker “of any contractor or subcontractor,” excluded a personal injury claim brought by an employee of a general contractor against a subcontractor.
The California Specialty Contractor Case
In 2017, Air Control Systems, Inc. (“Air Control”) was contracted to perform improvements at a building in Los Angeles, California. Air Control in turn subcontracted with California Specialty Insulation, Inc. (“CSI”) to install duct insulation on the project.
During construction, an employee of Air Control was injured when he fell 16 to 20 feet from a ladder that was struck by a scissor lift driven by an employee of CSI. Approximately two years later the Air Control employee filed a personal injury lawsuit against CSI.
Read the full story...Reprinted courtesy of
Garret Murai, Nomos LLPMr. Murai may be contacted at
gmurai@nomosllp.com
Blog Completes Seventeenth Year
January 07, 2025 —
Tred R. Eyerly - Insurance Law HawaiiInsurance Law Hawaii reaches the end of its seventeenth year this month. We began posting long ago, in December 2007.
We seek to keep readers apprised of developments in insurance-related cases from Hawaii and across the country. Coverage issues surrounding the Maui fires have been top of mind this year. We will continue posting on important coverage developments in the next year.
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
WSHB Secures Victory in Construction Defect Case: Contractor Wins Bench Trial
October 01, 2024 —
Wood Smith Henning & BermanWood Smith Henning & Berman is pleased to announce a significant victory in a bench trial led by trial attorney
Thomas Fama. The case, which had been pending for nearly five years due to pandemic-related delays and unreasonable demands by the plaintiff, concluded with a resounding judgment in favor of the defendant.
"The result of this trial is a testament to our team's unwavering tenacity and strategic focus throughout the entire process," stated WSHB partner Tom Fama, lead counsel in the case. "We kept our eye on the proverbial ball and diligently worked to expose the lack of evidence supporting the plaintiff's claims."
The matter involved allegations of defective installation of a solar energy system, which the plaintiff claimed leaked during inclement weather. Fama and his team successfully demonstrated that the plaintiff's claims lacked substance, highlighting numerous pre-existing conditions on the roof that could have been responsible for the problem.
Read the full story...Reprinted courtesy of
Wood Smith Henning & Berman
Surprising Dismissal of False Claims Act Case Based on Appointments Clause - What Does It Mean?
October 15, 2024 —
Steven H. Lee - Lewis Brisbois NewsroomAtlanta, Ga. (October 1, 2024) - In a surprising turn of events, the U.S. District Court for the Middle District of Florida recently dismissed a False Claims Act (FCA) lawsuit brought by relator Clarissa Zafirov against Florida Medical Associates, LLC, and other defendants. U.S. District Judge Kathryn Kimball Mizelle
ruled that the FCA’s qui tam provisions, which allow private individuals to bring lawsuits on behalf of the government, violate the Constitution’s Appointments Clause.
This decision follows another unexpected ruling by U.S. District Judge Aileen Cannon in the Southern District of Florida, where the court similarly dismissed an indictment against former President Donald Trump based on the same constitutional clause.
At the heart of these rulings is the argument that FCA relators - who decide whom to sue, which legal theories to pursue, and how to proceed - exercise significant executive authority. Because they are not appointed by the President, a department head, or a court, the judges concluded that these relators hold their positions unconstitutionally. As a result, Judge Mizelle dismissed the case entirely.
Read the full story...Reprinted courtesy of
Steven H. Lee, Lewis BrisboisMr. Lee may be contacted at
Steven.Lee@lewisbrisbois.com
Kahana Feld Partner Noelle Natoli Named President of Women Lawyers Association of Los Angeles
October 07, 2024 —
Linda Carter - Kahana FeldLOS ANGELES – Sep. 16, 2024 – Kahana Feld is pleased to announce that partner Noelle Natoli was recently installed as the 2024-25 president of the Women Lawyers Association of Los Angeles (WLALA).
The mission of WLALA is to promote the full participation in the legal profession of women lawyers and judges from diverse perspectives and backgrounds, maintain the integrity of our legal system by advocating principles of fairness and equality, and improve the status of women by supporting their exercise of equal rights.
Natoli is a partner based in Kahana Feld’s Los Angeles office and focuses her civil trial practice on the defense of both insurers and insureds primarily in the areas of elder abuse, transportation defense, and general liability. Her clients include individuals, family-owned businesses, and national corporations. Natoli also chairs the Diversity & Inclusion Committee for the Trucking Industry Defense Association and serves as a board member of the National Conference of Women’s Bar Associations.
Read the full story...Reprinted courtesy of
Linda Carter, Kahana FeldMs. Carter may be contacted at
lcarter@kahanafeld.com
ASCE Statement on Senate Passage of the Water Resources Development Act of 2024
August 12, 2024 —
Marsia Geldert-Murphey, President of the American Society of Civil EngineersWASHINGTON — The
American Society of Civil Engineers (ASCE) commends the Senate for passing S. 4367, the Thomas R. Carper Water Resources Development Act (WRDA) of 2024. Both the House and Senate versions of WRDA will help improve America's ports and inland waterways, enhance flood risk management and storm risk reduction programs, and prioritize ecosystem restoration. ASCE now urges Congress to swiftly conference and pass a final WRDA bill in the upcoming months.
The Senate version of WRDA includes key provisions that will help ensure the ongoing operation of America's inland waterways systems, which received a 'D+' on the
2021 Report Card for America's Infrastructure, including adjustments to the cost share requirements for rehabilitation projects that receive funding the Inland Waterways Trust Fund (IWTF). These changes will ensure the IWTF remains available for future projects to help reduce the backlog of inland waterways projects. This bill also creates a Levee Owners Advisory Board, which has the potential to improve communication between the U.S. Army Corps of Engineers, other federal agencies, and levee owners and operators.
Now that the House and Senate have passed their versions of WRDA, we encourage lawmakers to include several provisions included in the House version in their final conference bill. This includes the reauthorization of the National Dam Safety Program through 2028, provisions that reduce restrictions on the amount of funds states can receive in National Dam Safety Program State Assistance Grants; improves access to the High Hazard Potential Dam Rehabilitation Grant Program; and requires the incorporation of low-head dams into the National Inventory of Dams, and an extension of the National Levee Safety program through 2033.
ABOUT THE AMERICAN SOCIETY OF CIVIL ENGINEERS
Founded in 1852, the American Society of Civil Engineers represents more than 160,000 civil engineers worldwide and is America's oldest national engineering society. ASCE works to raise awareness of the need to maintain and modernize the nation's infrastructure using sustainable and resilient practices, advocates for increasing and optimizing investment in infrastructure, and improve engineering knowledge and competency. For more information, visit www.asce.org or www.infrastructurereportcard.org and follow us on
Client Alert: Restaurant Owed Duty of Care to Driver Kill
Rhode Island Examines a Property Owner’s Intended Beneficiary Status and the Economic Loss Doctrine in the Context of a Construction Contract
Suffolk Pauses $1.5B Boston Tower Project for Safety Audit After Fire
How California’s Construction Industry has dealt with the New Indemnity Law
Heavy Rains Cause Flooding, Mudslides in Japan
Construction Litigation Roundup: “That’s Not How I Read It”
Insurance Alert: Insurer Delay Extends Time to Repair or Replace Damaged Property
Acquisition, Development, and Construction Lending Conditions Ease
U.S. Tornadoes, Hail Cost Insurers $1 Billion in June
California Posts Nation’s Largest Gain in Construction Jobs
Court finds subcontractor responsible for defending claim
Arkansas Federal Court Fans the Product Liability Flames Utilizing the Malfunction Theory
New Washington Law Nixes Unfair Indemnification in Construction Contracts
Pre-Covid Construction Contracts Unworkable as Costs Surge, Webuild Says
Congratulations to Haight Attorneys Selected for the 2024 Edition of Best Lawyers and Best Lawyers: Ones to Watch
In Pennsylvania, Contractors Can Be Liable to Third Parties for Obvious Defects in Completed Work
Two Architecturally Prized Buildings May be Demolished
Emerging World Needs $1.5 Trillion for Green Buildings, IFC Says
Fracking Fears Grow as Oklahoma Hit by More Earthquakes Than California
Construction Defect Bill a Long Shot in Nevada
First Suit Filed for Losses Caused by COVID-19
Home Prices in 20 U.S. Cities Rose at Slower Pace in May
Because I Haven’t Mentioned Mediation Lately. . .
Traub Lieberman Attorneys Recognized as 2021 Top Lawyers by Hudson Valley Magazine
Unqualified Threat to Picket a Neutral is Unfair Labor Practice
Is Drone Aerial Photography Really Best for Your Construction Projects?
Duty to Defend Negligent Misrepresentation Claim
Florida’s Citizens Property Insurance May Be Immune From Bad Faith, But Is Not Immune From Consequential Damages
Facing Manslaughter Charges In Worker's 2021 Trench Collapse Death, Colorado Contractor Who Willfully Ignored Federal Law Surrenders To Police
7 Sustainability Ideas for Modular Classrooms in the Education Industry (guest post)
Pulled from the Swamp: EPA Wetland Determination Now Judicially Reviewable
On to Year Thirteen for Blog
Congratulations to BWB&O Partner John Toohey and His Fellow Panel Members on Their Inclusion in West Coast Casualty’s 2022 Program!
Plehat Brings Natural Environments into Design Tools
Constructive Changes – A Primer
Digital Twins – Interview with Cristina Savian
Witt Named to 2017 Super Lawyers
Denver Court Rules that Condo Owners Must Follow Arbitration Agreement
U.K. to Set Out Plan for Fire-Risk Apartment Cladding Crisis
Engineers Propose 'River' Alternative to Border Wall
San Francisco Bucks U.S. Trend With Homeownership Gains
A Court-Side Seat: Clean Air, Clean Water, Endangered Species and Deliberative Process Privilege
Colorado Nearly Triples Damages Caps for Cases Filed in 2025, Allows Siblings to File Wrongful Death Claims
Denver’s Mayor Addresses Housing and Modifying Construction Defect Law
White and Williams Celebrates Chambers 2024 Rankings
Order for Appraisal Affirmed After Insureds Comply with Post-Loss Obligations
Congratulations to Associate Madeline Arcellana on Her Selection as a Top Rank Attorney in Southern Nevada!
How Does Weather Impact a Foundation?
Avoiding Lender Liability for Credit-Related Actions in California
Everybody Is Going to End Up Paying for Texas' Climate Crisis
Athens, Ohio, Sues to Recover Nearly $722,000 After Cyber Attack
arly Extinct in San Francisco and New YorkGraham & Who May Trigger The Need To ProtestCan a Receiver Prime and Strip Liens Against Real Property?2021 Construction Related Bills to Keep an Eye On [UPDATED]Home Sales Topping $100 Million Smash U.S. Price RecordsThe 2024 Colorado Legislative Session Promises to be a Busy One for the Construction Industry and its Insurers 
