Mold Remediation" The Experts "How to" Guide of Dealing With Current Issues and Early Solutions of Mold Related Claims"

Size: px
Start display at page:

Download "Mold Remediation" The Experts "How to" Guide of Dealing With Current Issues and Early Solutions of Mold Related Claims""

Transcription

1 Mold Remediation" The Experts "How to" Guide of Dealing With Current Issues and Early Solutions of Mold Related Claims" By David Stern, R.P.A. Vice President West Coast Casualty Service, Inc Canwood Street, Suite 220 Agoura Hills, California Tel Fax Defense Overview of Mold Litigation & Cases Mediating and Resolving Mold Claims What Current Mold Insurance Products are Available December 2, 2005 Santa Ana, California

2 David Stern, R.P.A. Vice President West Coast Casualty Service, Inc Canwood Street, Suite 220 Agoura Hills, California Dave Stern joined West Coast Casualty Service, Inc. in 1993 and presently serves as its Vice President, Construction Defect Unit Manager and Continuing Education Director. Dave has in excess of 25 years of diverse claims experience spanning the insurer, self insurer, third party administrator and independent adjusting arena s. Dave s experiences include the handling of multimillion dollar, multi-line exposures throughout the United States, Canada, Austria and the United Kingdom. David regularly speaks at and conducts numerous seminars around the United States and the United Kingdom discussing vital issues facing the insurer and self insured communities in the areas of construction, elder abuse and employers liability. At present, Dave s practice is devoted primarily to the handling of construction defect claims and litigation. He regularly represents the insurers and self-insured interest of developers, general contractors, design professionals as well as specialty trade subcontractors that are involved in the construction of single family homes, multi-unit condominium projects and commercial/industrial projects. Dave is called into service in some of the most difficult construction defect cases to provide innovative and creative approaches to resolve complex coverage, indemnity, damage and additional insured disputes. Dave is the continuing education director for West Coast Casualty Service who is an authorized provider of continuing education for 40 U.S. State Departments of Insurance, 12 State Bars, the Society of Chartered Property Casualty Underwriters (CPCU) and Society of Registered Professional Adjusters (RPA). Dave is the editor of West Coast Casualty s in house publication, TIDBITS and authors many articles affecting construction and insurance matters. Dave is a member of the National Association of Surplus Line Officers (NAPSLO) as well as the Society of Insurance Trainers and Educators (SITES). Dave is presently the Secretary of the Construction Defect Claim Manager Association as well as a Secretary/Treasurer of the Malibu/Lost Hills Sheriff s Booster Club. Dave has served as a Committee Member of the Industry, Public Relations and Communications Committee of the National Association of Surplus Line Officers ( ) and is presently an advisor to the Thousand Oaks Police Charitable Foundation. Forward 2

3 Builders, subcontractors, landowners and lessors of all kinds of properties are aware of claims and litigation which include allegations of "toxic mold". Often known as "sick building syndrome," these claims involve the contamination of the interior of building structures by mold, the infestation of which can severely damage the building, as well as cause bodily injury and sickness to its occupants. When the infestation of the indoor environment of the building by mold is caused by excess water and infiltration due to construction defects, major litigation can arise. Claims against these parties are based on a multitude of theories in tort and contract law, construction defects, negligent maintenance, civil, criminal statutory violations, fraud, bad faith, implied warranty of habitability, nuisance, constructive eviction, and emotional distress are a few of the allegations commonly alleged. One thing that claimants, plaintiffs, policyholders and attorneys involved in mold claims have in common is that they look to their insurance carriers for protection. The question facing each of them is whether they will have insurance coverage to defend those claims and suits. Most claims for mold related injury are made under three typical types of policies; homeowners (including multifamily), commercial property, and commercial general liability. These mold related claims may also be asserted under worker's compensation and errors and omissions policies. There are 100,000 types of mold, but only a few dozen are toxic and can cause health problems. These toxic molds produce chemicals called mycotoxins that can cause rashes, seizures, unusual bleeding, respiratory problems and severe fatigue in some people. No one knows for sure why mold problems are on the rise. Scientists say it could be due to modern construction methods. Newer houses have building materials with high cellulose content, such as wood, ceiling tiles, drywall, and paper. There are many potential sources of moisture on a construction site that can contribute to a mold problem, such as excess humidity, leaky roofs and pipes, foundation cracks, and condensation. Additionally, because houses today are more airtight, indoor air quality is more likely to affect people's health. All mold strains are types of common fungus that reproduce through spores. Various types of mold can cause susceptible individuals (commonly known as eggshell plaintiffs), a variety of health effects ranging from simple sore throats to severe breathing problems. One specific type of mold has made national and international headlines, toxic mold known as Stachybotrys Chartarium commonly referred to as "black mold," has been especially implicated in many reports of physical injuries including initial reports that it caused pulmonary hemorrhages in infants. The public controversy about possible toxic fungal exposure has led the United States Environmental Protection Administration create an information resource on the internet for anyone needing information about toxic mold Many other states have also created websites from their health departments on mold. Many who have litigated mold claims believe that the phenomenon of mold fits the definition of a "litogen" (a substance that induces more litigation than injury). Mold related lawsuits can target general contractors, home builders, building subcontractors, architects, engineers, HVAC companies, real estate agents, prior owners or just about anyone 3

4 connected to the construction or maintenance of a structure for negligent design or construction that promotes mold growth. The Claims and Litigation The rise in mold litigation has captured the attention of claimants, insurers, insureds, and the members of the American Trial Lawyers Association and their new cottage industry of "mold experts". Texas and California have had the highest number of claims for mold. As a result, many people there are finding it nearly impossible to get insurance when trying to build a home or buy a house. The carriers paid more than $1 billion on mold settlements the past two years, according to the Texas Department of Insurance. Insurance companies say they have no choice but to restrict coverage and to raise the rates of policyholders based on the rise of these claims nationwide. In the most publicized case to date, in May 2001, a Texas jury awarded Melinda Ballard and her family $32 million in their claim against Farmers Insurance Group for allegedly mishandling the Ballard's water claim. What the public does not clearly understand is that the verdict was not necessarily for the mold allegation(s) and injuries, but to punish Farmers for the handling of the case. The pubic is also unaware that the judge in the case did not permit certain medical testimony relating to the Ballard family bodily injury claims because they were not based on sound science but theories which many in the scientific community refer to as junk science. The public remains unaware that Farmers had the verdict reduced dramatically by a Texas Appeals Court to approximately 4 million dollars. What the public sees is that an insurer had to pay 32 million dollars for a mold claim where the plaintiffs claimed bodily injury for mold related injuries. Added to the media exposure of the Ballard case, comes an additional campaign from Erin Brockovich arising from mold contamination of her "dream home" in Agoura Hills, California, as well as the recently settled 7 million dollar suit by brought by Ed McMahon of Tonight Show fame for mold allegedly found in his upscale California home. In a Arizona case, no coverage for mold losses was found under the CGL policy because of the "anti-concurrent cause" language which was the preamble to the mold exclusion in the policy. Since most mold claims arise from flooding incidents, many of which result from, or are related to, poor maintenance (not a covered cause), "concurrent cause" is a common defense to coverage Cooper v. American Family Mutual Ins WL (D. Ariz., The Typical Claim Scenario Claims are typically brought against general contractors, manufacturers, sub-contractors, equipment installers and providers under negligence, breach of contract, breach of warranty and state consumer protection claims. 4

5 To defend against mold claims, a battle is being waged in courts across the nation over the "junk science" versus sound science used to support personal injury claims. Courts must decide whether the varied claims of increased breathing problems, memory loss, and various "cognitive difficulties" are supported by competent scientific evidence or whether the claims by various experts are based on nothing more than speculation and assumptions. Some courts have accepted such evidence as admissible at trial. Mondelli v. Kendel Homes Corporation, 262 Nebraska 263, 631 N.W. 846 (2001); New Haverford Partnership v. Stroot, 772 A. 2nd 792 (Del. Sup. Ct., 2001). Other courts have accepted motions to exclude such testimony using the factors set out by the United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S (1993) and Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999). As stated earlier, in the Ballard case, Farmers Insurance Company was able to exclude the testimony by plaintiffs' physicians about alleged physical problems. The trial court found that the expert testimony sought to be introduced was not admissible because plaintiff failed to show general acceptance of the expert's theories as based on published and accepted medical literature. Thus a successful defense to such claims depends on expert testimony. This includes retaining competent experts to debunk the plaintiffs' claims, but also a concerted effort to properly exclude speculative "junk science" using the Daubert factors and ever-growing list of cases affirmatively reviewing those factors. Many insureds are forced to bear the expense, time and effort of participating in extensive litigation as a result of mold claims and related litigation. Insureds may then look to their insurers to defend against claims brought by renters, property owners, condominium associations and homeowner associations for damages due to alleged mold exposure coming from alleged construction defects when there is some form of water damage or moisture problem. Most businesses carry Commercial General Liability (CGL) coverage. A typical CGL policy written prior to 1995 will provide potential coverage for some mold claims. Since 1995, many insurers are specifically excluding mold coverage under new policies they are issuing or those that they have renewed. A standard CGL policy states in the insuring agreement that it will pay those sums that the insured becomes legally obligated to pay as "damages" due to "bodily injury" or property damage to which the insurance applies. Under such policies, the carrier in most situations, has an affirmative duty to defend the insureds many lawsuits which seek damages against the insured. As a prerequisite for application of the policy, there must be a defined "occurrence" within the policy period. Most standard policies have for a number of years contained both the standard "business risk" exclusion as well as a "pollution exclusion". A typical CGL policy will state: This insurance policy does not apply to: 1. Property damage to your product arising out of if or any part of it. Usually the definition of "your product" is: 5

6 a. Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (1) You; (2) Others trading under your name; or (3) A person or organization whose business or assets you have acquired; and This insurance does not apply to: "Your product" includes: (a) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (b) The providing of or failure to provide warnings or instructions. 2. Property damage to your work arising out of it or any part of it and included in the completed operations hazard. The definition of "Your Work" usually reads: "Your Work" means: a. Work or operations performed by you or on behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. "Your work: includes: a. Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and b. The providing of or failure to provide warnings or instructions. The Pollution Exclusion and the Mold Allegation The issue that many insureds face is whether there is coverage for such mold related claims. Generally, the recent trend is for insurers to deny coverage for mold and other possible pollutants under the absolute pollution exclusion found in most modern comprehensive general liability policies. As with the business risk exclusion, there is significant pre-mold case law on the pollution exclusion. Cases that may have some similarity to the mold issues are the various "sick building" cases and others such as lead paint ingestion, asbestosis, silicosis, and carbon 6

7 monoxide exposure. The courts have come out differently on the application of the pollution exclusion to these types of cases. Based on the many issues and rationale behind the different decisions in various jurisdictions over the years of this litigation it is clear that certain language will be contentious. The two main points of controversy will be: Is this mold a "pollutant? Does this mold fall within the "discharge, dispersal" language? One of the earliest cases addressing these issues is Leverence v USF&G, 462 NW2d 218 (Wis App 1990). In that case, occupants of homes built by the insured contractor filed suit alleging that their homes retained excessive moisture within their exterior walls, promoting the growth of mold, mildew, fungus, spores, and other toxins that caused a continuing health risk and adversely affected the value of their homes. They alleged the defective design of the walls and roofs and inappropriately selected building materials resulted in the excessive moisture, seeking recovery for both bodily injury and property damage. One of the issues raised by the insurance company to deny coverage was the pollution exclusion contained in its policy. The insurer argued that the exclusion was broad enough to include the home environment contaminated with the mold and moisture. In rejecting that argument, the court relied on the trial court's determination that the alleged cause of the bodily injury and property damage was exposure to water vapor trapped in the walls, which in turn caused the growth of microorganisms. It stated that, "No contaminants were released, but rather formed over time as a result of environmental conditions." In a later case, Donald v Urban Land Interests, Inc., 564 NW2d 728 (Wis 1997), the Wisconsin Supreme Court held that the pollution exclusion did not apply in a "sick building" claim where an inadequate air exchange ventilation system in an office building caused an excessive accumulation of carbon dioxide in the work area. The resultant poor air quality caused the plaintiffs to sustain headaches, sinus problems, eye irritation, extreme fatigue, etc. A recent case held that the pollution exclusion does not apply to water contaminated with bacteria, because bacteria do not constitute a "pollutant". Keggi v. North Brook Property and Casualty Insurance Co. (AZ. App. 2000). Mold is similarly organic as opposed to man-made, which might be a defining factor for finding that a "pollutant" caused the harm. Recently, in California, the California Supreme Court decided in a case entitled MacKinnon v. Truck Ins. Exchange (2003), Cal.4th [No. S Aug. 14, 2003.] that in order for an exclusionary clause to effectively exclude coverage, it " 'must be conspicuous, plain and clear' ". The pollution exclusion in question in MacKinnon does not plainly and clearly exclude ordinary acts of negligence involving toxic chemicals such as pesticides. The court recognized that the broadening of the pollution exclusion was 7

8 intended primarily by the insurance industry to exclude traditional environmental pollution rather than all injuries from toxic substances Courts have specifically held that an insurance company had no duty to defend or indemnify its policyholder in a product liability action stemming from the release of a toxic substance that injured two employees at a work site. The court held the exclusion was unambiguous, so there was no insurance coverage for the employer/landowner in the incident. McKusick v. Travelers Indemnity Company, No (Michigan Court App. June 8, 2001). Insurers are filing declaratory judgment actions denying coverage on third party claims based upon the pollution exclusion. See also, Connecticut General Life Insurance Company v. Zurich American Insurance Company, No. X03CV (Connecticut Supreme Court, New Britain Judicial District) On the issue of "discharge, dispersal" you will have to look to the various judicial opinions on exposure to lead-based paint, asbestos or carbon monoxide. Courts have held both ways in these cases, alternately denying or awarding coverage. In some cases, the pollution exclusion applies to bar coverage where exposure to these items is not the type of traditional active disposal or discharge of pollution that is barred from coverage. Mold is more stationary and therefore does not discharge or disperse. Mold may also be a naturally occurring allergen, like plant pollens, so technically it is not a traditional pollutant. There is very little case law on specific coverage issues for mold. Drawing analogies from prior case law is helpful but not authoritative. Where Are We Going? All parties in mold cases have to be aware that there are many new and different issues regarding mold which have further drawn attention to mold related claims; In 2001, California enacted its "Toxic Mold Protection Act" to study mold and determine permissible mold exposure limits. While the Act is effective as of January 1, 2002, implementing regulations are needed to get started on enforcement. California Department of Health Services (DHS), assisted by a task force of volunteer stakeholders, is still hard at work on this groundbreaking effort. The Texas Department of Insurance recently initiated an investigation of mold consultants that are allegedly "cooking" mold claims by spraying water and turning on the heat to grow mold while homeowners are residing in a nearby motel, awaiting remediation of their mold problem. Laura Elder, "Cooked" Houses Burn Insurers, Corpus Christi Caller-Times, May 5, Furthermore, Texas has instructed its State Board of Health to "establish voluntary guidelines for indoor air quality (IAQ) in government-owned buildings..." and is considering similar programs for public schools and district buildings. New York City, through its Department of Health & Mental Hygiene, has developed one of the best resource references entitled "Guidelines on Assessment and Remediation of Fungi in Indoor Environments." Once again, these guidelines are not legally binding and do not establish any threshold levels for mold exposure that may be considered safe or unsafe. 8

9 Similarly, other states are also studying the need for legislation to address indoor air quality and mold exposure issues. The State of Maryland enacted a new law which created a task force to "study the nature, location, and extent of health and environmental risks posed to workers as a result of molds, spores, and other toxic organisms located in... (HVAC) systems" in Maryland office buildings. The State of Washington has also considered legislation directing its Department of Health to investigate the health effects of ordinary house dust including mold, smoke, dust mites, pesticides, lead, cadmium, and carcinogenic materials. The Missouri Department of Insurance is reviewing insurer proposals to clarify mold coverage in residential policies. The Insurance Services Office Inc. (ISO), which promotes insurance industry standards, is offering policy language to pay only claims from "sudden and accidental" water discharge (burst pipes, washing machine hoses) but deny mold claims from slow leaks or maintenance problems. Brian Cookson, Fungus Among Us, Kansas City Business Journal, March 29, Enforceable statutes and regulations regarding mold exposure and/or cleanup are not on the books yet, and guidelines are not legally enforceable. Couple this with the lack of reliable health studies and research linking mold exposure to serious illness, and you have an area of law open to debate, and therefore to litigation. Plaintiffs lawyers have moved aggressively to fill this legal gray area with intelligent marketing and legal strategies. Many of them are very knowledgeable on this topic and are experienced litigators who actively pursue clients for mold lawsuits. Plaintiffs attorneys are soliciting business through media appearances and the internet; try attorneyforyou.com to select an attorney to handle your mold litigation. This website advertises its million dollar verdicts and settlements against various mold defendants as it seeks to entice new clients. Today, more so than ever before, the plaintiffs bar is ready to tackle contractors, insurers, landlords, and any others that may possibly be held liable for mold contamination. While many in the plaintiffs bar have gone to great lengths to sensationalize the health ramifications of mold exposure, they are also current on recent legal opinions and findings in mold cases, and they actively monitor state and federal rules for mold exposure. They have proven to be and will continue to be difficult opponents, until the business community and the defense bar treats the area of mold litigation more seriously. Today s Mold Lawsuits Today s court dockets are becoming increasingly flooded with new mold lawsuits. A macro examination of these lawsuits demonstrates that there is no such thing as a typical or generic mold plaintiff. Quite the opposite is true. Mold claims have been brought by a diverse cross-section of our population, representing all segments of our country. Likewise, the defendants named in mold lawsuits are also quite diverse. The class of defendants frequently include general contractors, sub-contractors, manufacturers and suppliers of building products, realty companies, developers, architects, designers, engineers, property managers, homeowner insurers, and the insurer s home repair contractors. 9

10 In many mold cases, plaintiffs seek reimbursement for both property damage and bodily injury claims. The property damage claims frequently include: plaintiff s move-out expenses, remediation expenses, ventilation replacement, floor, ceiling and wall covering replacement, loss or diminution of the inherent value of the home, inability to use the subject premises, loss of use of money, hotel and apartment rental expenses, and stigma damages. Plaintiffs bodily injury claims, on the other hand, frequently seek compensation for medical injuries, including respiratory distress, episodic vertigo, headaches, tinitis, inflammation and rashes on the face, eyes and throat, acute pain in the abdomen, injury to the central nervous system, and emotional distress. In addition to these specific injuries, plaintiffs often seek additional damages to pay for periodic diagnostic medical examinations, and in certain cases also seek punitive damages. Given the magnitude of property damage and bodily injury claims that can be brought, careful attention must be paid to all future mold claims. Tenant Suits Interestingly, mold suits typically involve the same core set of personal or bodily injury claims, yet routinely involve markedly different types of properties, from small efficiency apartments, to larger buildings such as homes, schools and courthouses. Recent news reports have also identified hotels which have been temporarily closed due to mold contamination. So let s examine the types of properties involved in mold suits, starting off with the smallest properties and working our way up in size. One of the sub-groups of litigants who have initiated a measurable percentage of the mold lawsuits consist of apartment tenants. In their suits, renters have complained about deleterious levels of mold in their apartments and common areas. These lawsuits reference leaky pipes or deficient HVAC systems which allow mold to develop. Many of these plaintiffs have alleged serious medical and health-related problems. When tenants move into apartments, they will take note of discoloration on windowsills, water stains on the ceiling tiles in the bathroom, and subsequently observed periodic water leaks from the pipes or bathtub from the apartment on the upper floor. When they note the leaking water, they will notify the landlord, manager, property manager, and usually the maintenance department would correct the situation. Unfortunately, tenants claim that the water problem was not properly addressed and the problem only got worse. Mold soon spreads throughout the tenant s apartment revealing black, green, orange, and white mold. As a result of exposure to mold in their apartment, tenants will claim mold exposure exasperated asthmatic conditions or other ailments which continue to worsen. They claim that they require medical care and hospitalization. Usually, following a trial, juries find that the building owner and property manager were negligent for allowing mold to contaminate a tenants apartment and may also concluded that the building owner may have also violated the state s Landlord Tenant Code. 10

11 Homeowner Suits Most mold lawsuits have involved a wide spectrum of individual homeowners, including a diverse population of small, moderately priced and luxury scale homes. In the typical homeowner suit, the plaintiff claims that initial construction techniques were somehow flawed, that building products were somehow defective, or that installation of siding, roofing or sky lights was somehow improper. In the end, these alleged substandard practices or products cause serious water intrusion problems to the interior of the home. Plaintiffs then allege that the water intrusion fostered extensive mold and fungi contamination throughout the home. Homeowners next claim that they suffered a multitude of bodily injury claims from the mold exposure and seek recovery from their general contractors, suppliers of siding and/or roofing materials, sub-contractors, landscapers, their homeowners insurance carriers, and any other home repair contractors they can identify. In California, moderate-sized and luxury homes have been the focus of mold claims and suits. For example, the Thompson family in California hired a roof repair company to install a new roof on their home. Apparently, the roof repair efforts worsened the situation and massive amounts of water entered the home. The Thompson s sued the roofer as well as the insurer that provided homeowner coverage, asking for over $500,000 in damages. The trial court dismissed the case, but on July 16, 2002, the case was reinstated by the California Appellate Court.16 Luxury homes contaminated with mold, such as the Ballard family s 22 room, 11,000 square foot luxury home in Texas discussed earlier, have also been the focus of lawsuits, newspaper articles, and television news programs. The Ballard s home reportedly developed water leaks from faulty plumbing. According to the Ballard s, the water leaks caused a dangerous form of mold called Stachybotrys to develop. The Ballard s submitted a homeowners claim to their insurance carrier, but they were dissatisfied with the investigation, remediation, and repair activities pursued by their insurance company. Like the homeowners mentioned above, the Ballard s then retained counsel and filed suit against their homeowners insurance company, alleging both bodily injury and property damage claims. The matter proceeded to trial. The trial judge did not allow the bodily injury claims to be considered in his courtroom, but allowed the jury to decide the remaining claims. The jury returned a $32.1 million verdict in favor of the Ballard s. This case was appealed to the Texas Appellate Court by Fire Insurance Exchange, the Ballard s insurer. Here s another interesting twist. Media celebrities who own real estate are also on the mold warpath. Mold suits have been filed by such media celebrities as Ed McMahon, former cohost of the "Tonight Show with Johnny Carson," and Erin Brockovich, the acclaimed environmental activist. Mr. McMahon s lawsuit, filed on April 8, 2002, seeks damages in excess of $10 million for mold-related property damage and bodily injury claims. Mr. McMahon s suit seeks recovery from the insurance company that insures his home, the adjusting company that investigated the extent of the mold contamination, and the air sampling, environmental remediation, and safety consulting companies that attempted to abate the mold inside the McMahons residence. 11

12 Ms. Erin Brockovich, the paralegal who helped achieve a major victory against Pacific Gas & Electric out west and was recently portrayed in a Hollywood movie, has also experienced mold contamination in her Agoura Hills California home. Ms. Brockovich s mold contaminated home was recently featured on the CBS evening news program called "48 Hours." During this news segment, Ms. Brockovich and the CBS camera crew conducted a room-by-room survey of the Brockovich home. The camera lens highlighted the elaborate air ventilation system now in the Brockovich home and remediation contractors working with full breathing apparatus and dressed from head to toe in special protective outer body wear. The 48 Hours news segment portrayed Ms. Brockovich s contaminated home in an extremely sensational and sympathetic manner for over 15 minutes of national airtime. In this timeslot, Ms. Brockovich s story reached millions of viewers, many of whom may one day be called upon to serve as jurors in future mold suits. Trial lawyers and jury consultants concur that news programs like these may influence people s opinions, viewpoints, and attitudes, and sharpen biases and prejudices. Litigants and their trial counsel involved in mold disputes should consider the impact of the media during future voir dire examinations. School District Suits In addition to suits brought by apartment tenants and individual homeowners, mold suits and claims have also been filed by school districts as well as the students of some of the schools. The Bethlehem Area School District brought suit against its insurers, Nautilus Insurance Company and Scottsdale Insurance Company. In this proceeding, the school district is seeking compensatory and punitive damages for mold that was discovered throughout the school building after Brothers Corporation completed roof repairs at one of the district s elementary school buildings. The St. Charles East High School in St. Charles, Illinois, school district officials closed one of the high schools in April 2001, after extensive mold was detected. The school district has spent over $9.5 million to remediate the mold in that school, and incurred additional charges as it modified transportation and education programs to retrofit different buildings for the displaced students and staff. In addition to mold eradication efforts at St. Charles High School, mold has also recently been detected at other Illinois schools: Andrew High School in Tinley Park, Woodland Elementary School in Carpentersville, Glenbrook North High School in Northbrook, and a dormitory at North Central College in Naperville. Courthouse Suits Ironically, even the court system around the country has jumped into the mold fray. Mold plaintiffs now include sitting judges and hundreds of court personnel. In a recent lawsuit, Judge Elisabeth Krant alleged that the County of Tulare Circuit Center in California was contaminated with various forms of mold, including Stachybotrys chartarum, Aspergillis versiculor, Aspergillis niger, and Alternaria molds, due to a defective HVAC system and leaking pipes throughout the courthouse complex. Judge Krant and other courthouse 12

13 personnel have complained of dizziness, respiratory distress, acute pain in the abdomen, and severe inflammation of the eyes, throat and mouth. Judge Krant s suit is also noteworthy in that it is directly against her employer, the County of Tulare, plus 500 other John Doe defendants, including the developers, owners, general contractors, subcontractors, designers, engineers, manufacturers, architects, builders, lenders, sellers, and realtors that had any contact with the courthouse complex. Judge Krant s list of defendants also includes the County s corporate counsel. Judge Krant s suit advances a host of charges including: allowing a dangerous condition to exist in a public property, fraud and concealment, battery, intentional infliction of emotional distress, negligence, and allowing a continuing trespass. Since then, at least five other suits similar to Judge Krant s have been filed against Tulare County officials and companies involved in any aspect of constructing the courthouse complex. Approximately 275 courthouse employees who work in this mold-contaminated courthouse have also filed general liability and workers compensation claims against the County. Is It Time for Mediation? Mediation involves the use of a neutral third party to assist in bringing about a voluntary resolution of a dispute. The mediator does not "decide" the case. Instead, a good mediator tries to find common ground in a dispute and encourages both sides to reach that common ground. Because the nature of mediation is to sit down face to face to try to reach a voluntary agreement, it is usually necessary that everyone involved be present, individuals, attorneys, insurance claims professionals, etc. However, it is usually not required that a party who has insurance be present if the insurance company has full authority to settle the claim. Arbitration Arbitration can be binding or non-binding. A binding arbitration is one in which the ruling of the arbitrator is final, and often can become a judgment, just as if the case were tried before a judge or jury. For example, many contracts have a provision requiring binding arbitration, so that if a dispute arises between the parties to the contract which cannot be worked out voluntarily, they have agreed in advance to have it decided by arbitration, rather that through a lawsuit. Non-binding arbitration goes through the same mini-trial procedure, but the ruling of the arbitrator(s) does not eliminate the losing party's right to go to court and have the case decided by a judge or jury. For example, some courts now have a procedure in which "smaller" civil cases (such as cases involving less than a dollar amount, like $25,000) are required to go to non-binding arbitration. Although the losing side can still go to court, in practice the vast majority of cases are resolved by non-binding arbitration do not re-enter the court system. 13

14 The number and selection of arbiters differs considerably. Sometimes the parties to an arbitration are required to agree on a single arbitrator. Frequently, however, such agreement is difficult, and so procedures have been established to select a three arbiter panel. For example, in a civil case, the plaintiff might select one arbitrator and the defendant would select a second. The two arbiters selected would then get together and pick a third, or "swing," arbiter. Three arbiter panels typically decide cases by a majority vote. Baseball Arbitration There are four principles to follow in order to come to a resolution in baseball arbitration; Provide the arbitrator with all of the information and deadlines Don t bring up items that are new to the arbitrator or arguments where he/she must decide what is admissible Arbitrators will use their experience to everyone s advantage in order to come up with a positive solution for both parties Arbitration awards are final---you try your case once when you enter the arbitration arena The basic idea and process behind baseball arbitration is that each party submits a dollar amount to the arbitrator. Once the session is over, the arbitrator will favor a dollar amount and from there he will decide the award. High Low Arbitration High Low Arbitration is similar to baseball arbitration with one unique feature. The parties can decide on a high or low amount prior to the arbitration. This way, each party is guaranteed that there will be a low amount and a high amount which are capped. The party seeking monies will be guaranteed the low and the party paying the amount will not have to pay anything beyond the high amount. Generally, high low arbitrations are binding since both parties have agreed on stipulated amounts. Additionally, the arbitrator will not be told of the high low agreement to ensure a fair outcome. Confidentiality Arbitration proceedings are not required to be held in public, and they are usually conducted in private and in confidence. Parties to an arbitration can be assured of the privacy of the proceedings and awards made by the arbitrator. In addition, because there is no court proceedings, there is no public record such as there is in open court. Such confidentiality protects the parties of the dispute. As a matter of good practice however, it 14

15 is advisable for the parties to stipulate in the arbitration agreement that the arbitration would be confidential. The Need for Mold Insurance The need for mold insurance has never been more crucial and never has it been so hard to get. At a time when mold-related litigation is exploding across the country, many contractors are unable to get mold insurance. As mold has become a big legal and financial problem for policyholders, many insurers have sharply reduced or even stopped offering any level of mold coverage in their traditional property and liability policies. Insurance companies in every state are trying to reduce mold coverage, which typically pays for mold cleanup only if it results from sudden water damage, such as a burst pipe. As public perception of mold as a health hazard has grown over the last decade, so have the efforts by the industry to minimize the possibility of its growth during the construction process and to create operating systems that mediate against its development in a building. It's become necessary to put in all contracts that the subcontractor must have mold insurance. If no one in that trade can get it, you'll at least know that and take appropriate risk management action. Insurance companies filed petitions in all 50 states last year to limit coverage by seeking insurance department mold exclusions for their policies or asking the insurance departments to place caps on coverages. So far, 28 states have approved caps on coverage ranging from $5,000. to $50,000. With the insurance industry adding more and more exclusions for mold damage and with demand for coverage increasing, a handful of specialty insurers are offering mold coverage in separate environmental insurance policies. The specialty environmental insurance market has come up with what are called microbial matter endorsements commonly known as mold coverage. These cover certain fungi and bacterial matter in any structure and the air within it. Many such policies are separately and individually negotiated, based on such factors as the type and size of the property, the potential for wet conditions, the type of building, the type of roof, incidents of water damage, reports of allergic reactions, respiratory or other air quality complaints, and HVAC and mold inspection plans. Coverage, when available, usually does not exceed a certain amount of coverage years, and there are often dollar limits for both indemnity and defense payments. However, certain classes of policyholders such as stucco subcontractors, exterior insulation and finish systems (EIFS) contractors, paper general contractors, water proofing contractors, certain manufacturers, real estate developers and/ or home builders are being excluded from these types of coverages because of their traditional high risk exposure to mold claims. The new coverage, however, doesn't come cheap. For multifamily housing, annual premiums for an environmental policy with mold coverage generally run about 20%-50% higher than the cost of a policy without such coverage; for commercial buildings, the 15

16 premiums are about 15%-30% higher than the cost of a standard environmental policy. Mold coverage can come with all sorts of limitations and conditions, such as the requirement that potential policyholders have a plan for preventive operations, third party inspections and maintenance for the property. What's more, there aren't yet uniform standards for what such coverage should include or cost. Environmental policies that include mold insurance tend to pay mold-removal costs and sometimes will cover the cost of rebuilding the property if the situation warrants that. The policies also tend to pay the costs for defense of any claims from tenants or original purchasers. But the payouts are capped through limitations in the coverages available. Among the insurers that offer some form of mold coverage in their environmental policies as well as an add-on to their commercial general liability policies are; New York-based American International Group Inc., XL Capital Ltd. of Bermuda, Chubb Corp. of Warren, N.J., Zurich Financial Services Group, Liberty Mutual Insurance Co. of Boston, Gulf Insurance Group, a subsidiary of New York-based Citigroup Inc. ACE/USA of Philadelphia Arch Insurance Group Markel Insurance Group Quantum Insurance Co. Seneca Insurance Co. (Please note that underwriting criteria s are subject to change and some of this coverage may no longer be available) As can be seen, there are many issues to be decided as to the coverage available to an insured contractor or building owner for indoor mold and mildew problems. These issues are sure to be addressed by the courts in light of the proliferation of these problems and lawsuits seeking redress for them. If past experience with court treatment of these specialized types of claims and litigation, the results should be interesting and controversial. Conclusion 16

17 Litigation is traumatic, chaotic and confusing for most clients, even for clients who are no strangers to litigation. In every claim and lawsuit, there remains the problem of adversarial conduct, posturing, deception and mistrust. As a party or the representative of a party it should remain your objective to effectively and efficient work toward the resolution of a case whether that resolution is to settle fully, compromise or try a case. Through successful negotiation, attorneys, clients and claims professionals can: (1) determine and achieve outcome objectives; (2) establish and attain cost objectives; and (3) create a productive and satisfying working relationship which allows for the successful use of the litigation process. Landowners, insureds and insurance companies must take mold litigation seriously because of the numerous substantial verdicts both awarded at the trial court level, and later confirmed in various appellate courts. At a minimum, if there is any suspicion of a possible mold-related claim, care should be taken to preserve all pertinent records and insurance policies. Additionally, significant preparations should be made to defend such claims factually as well as legally. Builders, contractors, building owners who hope to reduce liability and increase their ability to obtain insurance coverage need to develop risk management plans that incorporate internal policies and procedures to prevent and abate mold whenever and wherever possible. Appropriate negotiation can bring litigation and its costs under control and instill a greater measure of predictability into the process. Negotiation can become more of a science than an art form by identifying and systematically applying sound management techniques in planning a successful outcome to a case. The process of making a decision whether to accept a settlement proposal or reject it and go to trial deserves the party s best efforts, skill, knowledge and judgment. Too often, the decision is made without careful thought, but rather is the result of undue optimism or pessimism, and is clouded with emotional frustration. Make sure that your attorney works for your objectives in a case and not to be just adversarial. If your attorney makes your job more difficult, let him go. The more you work to resolve your own issues, the easier your life will be. 17

18 Note: The materials contained within this publication have been prepared to highlight certain complex issues of construction insurance related matters. It is not meant to provide legal advice which should always be sought from competent legal counsel specializing in the specific area of law being sought. This material is for informational and educational purposes only and is not to be utilized in any litigation. This copy of Mold Remediation The Experts "How to" Guide of Dealing With Current Issues and Early Solutions of Mold Related Claims is the written material associated with Lorman s Educational Services seminar originally presented on December 2, 2005 in Santa Ana, California. The author makes no warranty or guarantee as to the cases and opinions cited. Comments regarding this publication should be directed to David Stern, c/o West Coast Casualty Service, Inc., Canwood Street, Suite 220, Agoura Hills, California U.S.A. telephone or by to; 18

INSURANCE & INDEMNIFICATION

INSURANCE & INDEMNIFICATION INSURANCE & INDEMNIFICATION Insurance Defense For over 15 years, Pashman Stein has provided legal representation to insureds in all types of litigation, including negligence, personal injury, construction,

More information

Pending Legislation Could Heighten Liability and Loss Associated With Mold

Pending Legislation Could Heighten Liability and Loss Associated With Mold MOLD CLAIMS: A BASIC FRAMEWORK FOR FINDING COVERAGE UNDER COMMERCIAL PROPERTY AND GENERAL LIABILITY POLICIES, by Whitney E. Stein, Copyright 2001 Insurance Law Group, Inc. The presence of mold at toxic

More information

TOXIC MOULD LEGAL OVERVIEW

TOXIC MOULD LEGAL OVERVIEW TOXIC MOULD LEGAL OVERVIEW INTRODUCTION One of the current hot topics in the construction industry is the issue of toxic mould. Concerns over mould in building environments is not new, but recent events,

More information

Insurance Coverage for Drywall Claims

Insurance Coverage for Drywall Claims Insurance Coverage for Drywall Claims Chinese Drywall Claims As those in the construction industry are now well aware, the use of drywall imported from China between 2004 and 2007 has led to litigation

More information

After The Mold Exclusion Water Damage - Covered Mold Damage??

After The Mold Exclusion Water Damage - Covered Mold Damage?? After The Mold Exclusion Water Damage - Covered Mold Damage?? By: Everette Lee Herndon, Jr. This article deals only with first party property coverages, and does not deal with liability policies. A BRIEF

More information

CALIFORNIA SUPREME COURT LIMITS POLLUTION EXCLUSION IN CGL POLICIES. By Christopher W. Olmsted

CALIFORNIA SUPREME COURT LIMITS POLLUTION EXCLUSION IN CGL POLICIES. By Christopher W. Olmsted CALIFORNIA SUPREME COURT LIMITS POLLUTION EXCLUSION IN CGL POLICIES By Christopher W. Olmsted Every standard comprehensive general liability policy ( CGL ) contains a pollution exclusion clause that excludes

More information

APPEAL from a judgment of the circuit court for Waukesha County: J. MAC DAVIS, Judge. Reversed and cause remanded with directions.

APPEAL from a judgment of the circuit court for Waukesha County: J. MAC DAVIS, Judge. Reversed and cause remanded with directions. COURT OF APPEALS DECISION DATED AND FILED March 12, 2014 Diane M. Fremgen Clerk of Court of Appeals NOTICE This opinion is subject to further editing. If published, the official version will appear in

More information

2014 IL App (5th) 120588-U NO. 5-12-0588 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT

2014 IL App (5th) 120588-U NO. 5-12-0588 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT NOTICE Decision filed 01/23/14. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2014 IL App (5th) 120588-U NO. 5-12-0588

More information

Construction Defect Coverage Recap For 1st Quarter

Construction Defect Coverage Recap For 1st Quarter Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Construction Defect Coverage Recap For 1st Quarter

More information

Amy S. Harris Shareholder

Amy S. Harris Shareholder Shareholder Amy Harris joined Macdonald Devin in 1989 and represents clients in state and federal trial and appellate courts, primarily in insurance defense litigation and insurance coverage. She has served

More information

TESTIMONY OF NEW YORK STATE INSURANCE DEPARTMENT BEFORE

TESTIMONY OF NEW YORK STATE INSURANCE DEPARTMENT BEFORE TESTIMONY OF NEW YORK STATE INSURANCE DEPARTMENT BEFORE THE JOINT SENATE COMMITTEES ON HEALTH AND ENVIRONMENTAL CONSERVATION REGARDING THE ISSUE OF TOXIC MOLD MAY 23, 2002 TESTIMONY BY GREGORY V. SERIO

More information

Maryland Insurance Administration Findings and Decision Relating to Mold Limitations for Property and Casualty Insurance

Maryland Insurance Administration Findings and Decision Relating to Mold Limitations for Property and Casualty Insurance Maryland Insurance Administration Findings and Decision Relating to Mold Limitations for Property and Casualty Insurance Background During recent years, insurers have experienced unprecedented losses for

More information

2014 IL App (1st) 123454-U No. 1-12-3454 February 11, 2014 Modified Upon Rehearing April 30, 2014 IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT

2014 IL App (1st) 123454-U No. 1-12-3454 February 11, 2014 Modified Upon Rehearing April 30, 2014 IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT 2014 IL App (1st) 123454-U No. 1-12-3454 February 11, 2014 Modified Upon Rehearing April 30, 2014 THIRD DIVISION NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent

More information

OCIPs and Professional Responsibility

OCIPs and Professional Responsibility OCIPs and Professional Responsibility Rosary A. Hernandez Wood Smith Henning & Berman LLP 2525 E. Camelback Road, Suite 450 Phoenix, AZ 85016-4210 (602) 441-1305 rhernandez@wshblaw.com Rosary A. Hernandez,

More information

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION COMPLAINT. COMES NOW, the Plaintiff, JOSEPH DELFRATE, and sues the Defendant,

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION COMPLAINT. COMES NOW, the Plaintiff, JOSEPH DELFRATE, and sues the Defendant, Case 8:10-cv-01091-SDM-AEP Document 1 Filed 05/10/10 Page 1 of 8 JOSEPH DELFRATE, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION vs. Plaintiff, CASE NO. LIBERTY MUTUAL FIRE INSURANCE

More information

Ten Most Frequently Made Claims Against Real Estate Licensees by Lana Schroeder, Esq., Claims Specialist for Rice Insurance Services Company, LLC

Ten Most Frequently Made Claims Against Real Estate Licensees by Lana Schroeder, Esq., Claims Specialist for Rice Insurance Services Company, LLC Ten Most Frequently Made Claims Against Real Estate Licensees by Lana Schroeder, Esq., Claims Specialist for Rice Insurance Services Company, LLC It is no secret we live in a litigious society made worse

More information

Professional Practice 544

Professional Practice 544 February 15, 2016 Professional Practice 544 Tort Law and Insurance Michael J. Hanahan Schiff Hardin LLP 233 S. Wacker, Ste. 6600 Chicago, IL 60606 312-258-5701 mhanahan@schiffhardin.com Schiff Hardin LLP.

More information

The Effect of Product Safety Regulatory Compliance

The Effect of Product Safety Regulatory Compliance PRODUCT LIABILITY Product Liability Litigation The Effect of Product Safety Regulatory Compliance By Kenneth Ross Product liability litigation and product safety regulatory activities in the U.S. and elsewhere

More information

PARRY G. CAMERON, Senior Attorney

PARRY G. CAMERON, Senior Attorney Phone: 310.557.2009 Fax: 310.551.0283 Email: pcameron@tocounsel.com Parry Cameron has over twenty-three years experience in commercial and business litigation at both the trial and appellate levels. He

More information

Christine K. Noma Wendel, Rosen, Black & Dean LLP March 2014

Christine K. Noma Wendel, Rosen, Black & Dean LLP March 2014 Christine K. Noma Wendel, Rosen, Black & Dean LLP March 2014 You just discovered that the commercial or industrial property that you own is polluted. This discovery may have occurred during the negotiations

More information

LeadPaint-EPA regulations Effective 4/22/10. CONTRACTORS Renovating, Repair & Painting

LeadPaint-EPA regulations Effective 4/22/10. CONTRACTORS Renovating, Repair & Painting LeadPaint-EPA regulations Effective 4/22/10 CONTRACTORS Renovating, Repair & Painting The EPA has introduced new Lead Paint regulations imposing numerous obligations on contractors that are performing

More information

THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White

THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES By Craig R. White SKEDSVOLD & WHITE, LLC. 1050 Crown Pointe Parkway Suite 710 Atlanta, Georgia 30338 (770)

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS CREATIVE DENTAL CONCEPTS, L.L.C., Plaintiff-Appellant, UNPUBLISHED June 26, 2014 V No. 315117 Oakland Circuit Court KEEGO HARBOR DEVELOPMENT, L.L.C., LC No. 2012-126273-NZ

More information

ASSEMBLY BILL No. 597

ASSEMBLY BILL No. 597 AMENDED IN ASSEMBLY APRIL 14, 2015 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and

More information

Construction Defect Action Reform Act

Construction Defect Action Reform Act COLORADO REVISED STATUTES Title 13. Courts and Court Procedure Damages Regulation of Actions and Proceedings Article 20. Actions Part 8. Construction Defect Actions for Property Loss and Damage Construction

More information

Mold and the Law. By Gerry D. Abel Lozano

Mold and the Law. By Gerry D. Abel Lozano Mold and the Law By Gerry D. Abel Lozano If you have not heard about toxic mold, black mold, or stachybotrys, then you have not watched TV, seen newspapers, or read magazines in the last two years. Frequent

More information

FOR PROPERTY LOSS AND DAMAGE 1

FOR PROPERTY LOSS AND DAMAGE 1 13-20-801. Short title Colorado Revised Statutes Title 13; Article 20; Part 8: CONSTRUCTION DEFECT ACTIONS FOR PROPERTY LOSS AND DAMAGE 1 This part 8 shall be known and may be cited as the Construction

More information

TENDERING CLAIMS UNDER YOUR CGL INSURANCE POLICY By Nick M. Campbell, Esq. GREEN & CAMPBELL, LLP. A. History of Commercial Liability Policies

TENDERING CLAIMS UNDER YOUR CGL INSURANCE POLICY By Nick M. Campbell, Esq. GREEN & CAMPBELL, LLP. A. History of Commercial Liability Policies TENDERING CLAIMS UNDER YOUR CGL INSURANCE POLICY By Nick M. Campbell, Esq. GREEN & CAMPBELL, LLP Please note that this article is only intended to provide some general educational information regarding

More information

STATE OF OHIO ) IN THE COURT OF COMMON PLEAS )SS:

STATE OF OHIO ) IN THE COURT OF COMMON PLEAS )SS: STATE OF OHIO IN THE COURT OF COMMON PLEAS SS: CUYAHOGA COUNTY CASE NO. CV-484139 THE OAKWOOD CLUB Plaintiff vs. OPINION AND ORDER KINNEY GOLF COURSE DESIGN, ET AL Defendants MICHAEL J. RUSSO, JUDGE: This

More information

Managing Jones Act Personal Injury Litigation The Vessel Owner s Perspective. Lawrence R. DeMarcay, III

Managing Jones Act Personal Injury Litigation The Vessel Owner s Perspective. Lawrence R. DeMarcay, III Managing Jones Act Personal Injury Litigation The Vessel Owner s Perspective by Lawrence R. DeMarcay, III Presented to the Offshore Marine Services Association / Loyola College of Law Industry Seminar

More information

Kenneth B. Walton Senior Partner, Chair, Employment Practices Group kwalton@donovanhatem.com 617-406-4524 direct 617-406-4501 fax

Kenneth B. Walton Senior Partner, Chair, Employment Practices Group kwalton@donovanhatem.com 617-406-4524 direct 617-406-4501 fax Kenneth B. Walton Senior Partner, Chair, Employment Practices Group kwalton@donovanhatem.com 617-406-4524 direct 617-406-4501 fax Experience Kenneth B. Walton is a Founding Partner of the Boston-based

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION CINCINNATI INSURANCE COMPANY, Plaintiff, v. No. 4:01 CV 726 DDN VENETIAN TERRAZZO, INC., Defendant. DECLARATORY JUDGMENT Pursuant

More information

Kenneth B. Walton Partner, Chair, Employment Practices Group Member, Executive Committee kwalton@donovanhatem.com 617-406-4524 direct 617-406-4501 fax

Kenneth B. Walton Partner, Chair, Employment Practices Group Member, Executive Committee kwalton@donovanhatem.com 617-406-4524 direct 617-406-4501 fax Kenneth B. Walton Partner, Chair, Employment Practices Group Member, Executive Committee kwalton@donovanhatem.com 617-406-4524 direct 617-406-4501 fax Experience Kenneth B. Walton is a Founding Partner

More information

Construction Practice Group

Construction Practice Group Advising and counseling our clients through every phase of even the most complex construction matters is what differentiates the lawyers in Gould & Ratner s construction practice. As a group, they possess

More information

Decisions of the Nebraska Court of Appeals

Decisions of the Nebraska Court of Appeals CIZEK HOMES v. COLUMBIA NAT. INS. CO. 361 Cite as 22 Neb. App. 361 require perfection of a parent when deciding whether termination of parental rights is appropriate. We conclude that there is insufficient

More information

Insurance Coverage In Consumer Class Actions

Insurance Coverage In Consumer Class Actions This article first appeared in the October 2010 issue of The Corporate Counselor. Insurance Coverage In Consumer Class Actions John W. McGuinness and Justin F. Lavella The business world is an increasingly

More information

Insurance Coverage Issues for Products Manufactured by Foreign Companies

Insurance Coverage Issues for Products Manufactured by Foreign Companies Insurance Coverage Issues for Products Manufactured by Foreign Companies James S. Carter August 2010 TABLE OF CONTENTS Page I. INTRODUCTION...1 II. COVERAGE PROVISIONS...1 A. Duty to Defend...1 B. Duty

More information

Defending Toxic Mold Cases

Defending Toxic Mold Cases Defending Toxic Mold Cases By Mike Gorby, Esq. November 2003 Mike Gorby has been practicing law for more than 30 years. He has tried more than 100 cases in a dozen different states around the country.

More information

Cardelli Lanfear P.C.

Cardelli Lanfear P.C. Michigan Prepared by Cardelli Lanfear P.C. 322 West Lincoln Royal Oak, MI 48067 Tel: 248.850.2179 Fax: 248.544.1191 1. Introduction History of Tort Reform in Michigan Michigan was one of the first states

More information

Integrated Project Delivery: Developments in Design Liability Insurance and Risk Management Presented by: Gene Todaro and Frank Musica Victor O. Schinnerer & Company, Inc. FEBRUARY 8, 2011 PRESENTER BIBLIOGRAPHIES

More information

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT. A court authorized this notice. This is not a solicitation from a lawyer.

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT. A court authorized this notice. This is not a solicitation from a lawyer. NOTICE OF PROPOSED CLASS ACTION SETTLEMENT A court authorized this notice. This is not a solicitation from a lawyer. Peter Ng, et al. v International Disposal Corp. of California, et al. Superior Court

More information

2013 IL App (3d) 120130-U. Order filed September 23, 2013 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2013

2013 IL App (3d) 120130-U. Order filed September 23, 2013 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2013 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1). 2013 IL App (3d) 120130-U Order

More information

Mold contamination in residential

Mold contamination in residential Mortgage Lending Alert March 2002 Mold Contamination of Mortgaged Property: A New and Significant Legal Issue for Lenders By Michael David Lichtenstein, Esq. and James Stewart, Esq. Mold contamination

More information

Reverse and Render in part; Affirm in part; Opinion Filed December 29, 2014. In The Court of Appeals Fifth District of Texas at Dallas

Reverse and Render in part; Affirm in part; Opinion Filed December 29, 2014. In The Court of Appeals Fifth District of Texas at Dallas Reverse and Render in part; Affirm in part; Opinion Filed December 29, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01546-CV OKLAHOMA SURETY COMPANY, Appellant/Cross-Appellee

More information

Reed Armstrong Quarterly

Reed Armstrong Quarterly Reed Armstrong Quarterly January 2009 http://www.reedarmstrong.com/default.asp Contributors: William B. Starnes II Tori L. Cox IN THIS ISSUE: Joint and Several Liability The Fault of Settled Tortfeasors

More information

Lowcountry Injury Law

Lowcountry Injury Law Lowcountry Injury Law 1917 Lovejoy Street Post Office Drawer 850 Beaufort, South Carolina 29901 Personal Injury Phone (843) 524-9445 Auto Accidents Fax (843) 532-9254 Workers Comp DanDenton@Lawyer.com

More information

MOLD FAQs. 1. What is mold and where does it live? 2. How can mold affect my health?

MOLD FAQs. 1. What is mold and where does it live? 2. How can mold affect my health? MOLD FAQs 1. What is mold and where does it live? Molds are microscopic fungi that are part of the natural environment. They can grow almost anywhere (inside and out), but live especially in the soil outside.

More information

United States Court of Appeals

United States Court of Appeals United States Court of Appeals FOR THE EIGHTH CIRCUIT No. 06-3601 J.E. Jones Construction Co.; The Jones Company Custom Homes, Inc., Now known as REJ Custom Homes, Plaintiffs - Appellants, v. Appeal from

More information

Illinois Official Reports

Illinois Official Reports Illinois Official Reports Appellate Court Certain Underwriters at Lloyd s London v. The Burlington Insurance Co., 2015 IL App (1st) 141408 Appellate Court Caption CERTAIN UNDERWRITERS AT LLOYD S LONDON,

More information

Products Liability: Putting a Product on the U.S. Market. Natalia R. Medley Crowell & Moring LLP 14 November 2012

Products Liability: Putting a Product on the U.S. Market. Natalia R. Medley Crowell & Moring LLP 14 November 2012 Products Liability: Putting a Product on the U.S. Market Natalia R. Medley Crowell & Moring LLP 14 November 2012 Overview Regulation of Products» Federal agencies» State laws Product Liability Lawsuits»

More information

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA TRIAL DIVISION-CIVIL

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA TRIAL DIVISION-CIVIL IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA TRIAL DIVISION-CIVIL FIRST FINANCIAL INSURANCE : June Term 2009 COMPANY, : Plaintiff, : No. 2231 v. : LIBERTY

More information

IN THE NEBRASKA COURT OF APPEALS. MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion)

IN THE NEBRASKA COURT OF APPEALS. MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion) IN THE NEBRASKA COURT OF APPEALS MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion) CITY OF LINCOLN V. DIAL REALTY DEVELOPMENT NOTICE: THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION

More information

ASSEMBLY BILL No. 597

ASSEMBLY BILL No. 597 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and to add Chapter 6 (commencing with

More information

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. RESTORATION RISK RETENTION GROUP, INC. and MITIGATION SERVICES, INC. d/b/a

More information

Risk-Shifting Agreements In Construction Contracts: Why Insurance May Not Work The Way It Used To

Risk-Shifting Agreements In Construction Contracts: Why Insurance May Not Work The Way It Used To Risk-Shifting Agreements In Construction Contracts: Why Insurance May Not Work The Way It Used To David S. White The newer additional-insured clause might leave the owner and subcontractor without the

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 14-11987 Non-Argument Calendar. Docket No. 1:13-cv-02128-WSD.

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 14-11987 Non-Argument Calendar. Docket No. 1:13-cv-02128-WSD. Case: 14-11987 Date Filed: 10/21/2014 Page: 1 of 11 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 14-11987 Non-Argument Calendar Docket No. 1:13-cv-02128-WSD PIEDMONT OFFICE

More information

Appendix I: Select Federal Legislative. Proposals Addressing Compensation for Asbestos-Related Harms or Death

Appendix I: Select Federal Legislative. Proposals Addressing Compensation for Asbestos-Related Harms or Death Appendix I: Select Legislative Appendix I: Select Federal Legislative is and Mesothelioma Benefits Act H.R. 6906, 93rd 1973). With respect to claims for benefits filed before December 31, 1974, would authorize

More information

G U E S T E S S A Y S

G U E S T E S S A Y S Comparing and Maximizing Performance Bond and Commercial General Liability Protections Frank L. Pohl, Esq. and James C. Washburn, Esq. Often when acting as the prime on a construction project, the design

More information

Subcontractor General Liability Insurance Concerns

Subcontractor General Liability Insurance Concerns Subcontractor General Liability Insurance Concerns By: John H. Podesta In this rapidly evolving market, many retail agents are experiencing problems in placing liability insurance for subcontractors. The

More information

trial court and Court of Appeals found that the Plaintiff's case was barred by the statute of limitations.

trial court and Court of Appeals found that the Plaintiff's case was barred by the statute of limitations. RESULTS Appellate Court upholds decision that malpractice action barred September 2, 2015 The South Carolina Court of Appeals recently upheld a summary judgment obtained by David Overstreet and Mike McCall

More information

Sterling Education Seminar. Business Liability Insurance. Alexandrea L. Isaac Hartford, CT Sept. 20, 2011

Sterling Education Seminar. Business Liability Insurance. Alexandrea L. Isaac Hartford, CT Sept. 20, 2011 Sterling Education Seminar Business Liability Insurance Alexandrea L. Isaac Hartford, CT Sept. 20, 2011 Various Types: Commercial Property Owner s Liability Policy Products Liability Policy Commercial

More information

THE ADVANTAGES AND DISADVANTAGES OF ARBITRATION AS COMPARED TO LITIGATION. Arthur Mazirow, Esq., CRE

THE ADVANTAGES AND DISADVANTAGES OF ARBITRATION AS COMPARED TO LITIGATION. Arthur Mazirow, Esq., CRE THE ADVANTAGES AND DISADVANTAGES OF ARBITRATION AS COMPARED TO LITIGATION By Arthur Mazirow, Esq., CRE Real Estate Arbitrator, Mediator, Expert Witness and Consultant Los Angeles, California Website: Mazirow.com

More information

PUBLIC ENTITY RISK MANAGEMENT AUTHORITY MEMORANDUM OF WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGE

PUBLIC ENTITY RISK MANAGEMENT AUTHORITY MEMORANDUM OF WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGE PUBLIC ENTITY RISK MANAGEMENT AUTHORITY MEMORANDUM OF WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGE FOR THE PERIOD JULY 1, 2015 TO JUNE 30, 2016 EFFECTIVE: JULY 1, 2015 PUBLIC ENTITY RISK MANAGEMENT

More information

ENFIELD PIZZA PALACE, INC., ET AL. v. INSURANCE COMPANY OF GREATER NEW YORK (AC 19268)

ENFIELD PIZZA PALACE, INC., ET AL. v. INSURANCE COMPANY OF GREATER NEW YORK (AC 19268) SCHALLER, J. The plaintiffs 2 appeal from the judgment rendered in favor of the defendant, Insurance Company of Greater New York, in this declaratory judgment action concerning a dispute about the defendant

More information

IDC Member Insurance Program brought to you by LMS PROLINK Ltd.

IDC Member Insurance Program brought to you by LMS PROLINK Ltd. IDC Member Insurance Program brought to you by LMS PROLINK Ltd. Protecting You and Your Clients LMS PROLINK Ltd. Tel 416.644.7717 480 University Avenue, Toll Free 800.663.6828 Suite 800 Toronto ON Fax

More information

2012 IL App (1st) 112728-U. No. 1-11-2728

2012 IL App (1st) 112728-U. No. 1-11-2728 2012 IL App (1st 112728-U FIRST DIVISION November 5, 2012 No. 1-11-2728 Notice: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

Illinois Association of Defense Trial Counsel Springfield, Illinois www.iadtc.org 800-232-0169 IDC Quarterly Volume 24, Number 3 (24.3.

Illinois Association of Defense Trial Counsel Springfield, Illinois www.iadtc.org 800-232-0169 IDC Quarterly Volume 24, Number 3 (24.3. Illinois Association of Defense Trial Counsel Springfield, Illinois www.iadtc.org 800-232-0169 IDC Quarterly Volume 24, Number 3 (24.3.52) Property Insurance Catherine A. Cooke Robbins, Salomon & Patt,

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT Filed 2/11/15 Estate of Thomson CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified

More information

How Do People Settle Disputes? How a Civil Trial Works in California

How Do People Settle Disputes? How a Civil Trial Works in California Article brought to you by the Administrative Office of the California Courts and California Council for the Social Studies in partnership for Civic Education How Do People Settle Disputes? How a Civil

More information

The two sides disagree on how much money, if any, could have been awarded if Plaintiffs, on behalf of the class, were to prevail at trial.

The two sides disagree on how much money, if any, could have been awarded if Plaintiffs, on behalf of the class, were to prevail at trial. SUPERIOR COURT OF THE COUNTY OF LOS ANGELES If you are a subscriber of Kaiser Foundation Health Plan, Inc. and you, or your dependent, have been diagnosed with an autism spectrum disorder, you could receive

More information

MEDIATION RELEASE AND SETTLEMENT AGREEMENT ISSUES IN CONSTRUCTION CASES by Benton T. Wheatley

MEDIATION RELEASE AND SETTLEMENT AGREEMENT ISSUES IN CONSTRUCTION CASES by Benton T. Wheatley MEDIATION RELEASE AND SETTLEMENT AGREEMENT ISSUES IN CONSTRUCTION CASES by Benton T. Wheatley State Bar of Texas Construction Law Newsletter, Summer 2001, p. 6. Introduction: Many lawyers have been in

More information

California Senate Bill 474 Impact on Owners & Contractors

California Senate Bill 474 Impact on Owners & Contractors California Senate Bill 474 Impact on Owners & Contractors Beginning January 1, 2013, project owners, general contractors ( GC ), construction managers ( CM ) and any lower tier contractor who employs subcontractors

More information

FORC QUARTERLY JOURNAL OF INSURANCE LAW AND REGULATION

FORC QUARTERLY JOURNAL OF INSURANCE LAW AND REGULATION The plaintiff in Schmidt filed suit against her employer, Personalized Audio Visual, Inc. ("PAV") and PAV s president, Dennis Smith ("Smith"). 684 A.2d at 68. Her Complaint alleged several causes of action

More information

What Is Small Claims Court? What Types Of Cases Can Be Filed In Small Claims Court? Should I Sue? Do I Have the Defendant s Address?

What Is Small Claims Court? What Types Of Cases Can Be Filed In Small Claims Court? Should I Sue? Do I Have the Defendant s Address? SMALL CLAIMS COURT What Is Small Claims Court? Nebraska law requires that every county court in the state have a division known as Small Claims Court (Nebraska Revised Statute 25-2801). Small Claims Court

More information

HOW TO FILE AN ANSWER TO A CIVIL COMPLAINT FOR BREACH OF AN AGREEMENT (CONTRACT)

HOW TO FILE AN ANSWER TO A CIVIL COMPLAINT FOR BREACH OF AN AGREEMENT (CONTRACT) SUPERIOR COURT OF STANISLAUS COUNTY SELF HELP CENTER HOW TO FILE AN ANSWER TO A CIVIL COMPLAINT FOR BREACH OF AN AGREEMENT (CONTRACT) (THIS GUIDE ONLY APPLIES TO LAWSUITS INVOLVING $25,000.00 OR LESS)

More information

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX Filed 10/28/03; opn. following rehearing CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX AMEX ASSURANCE COMPANY, v. Plaintiff and Appellant,

More information

In the Court of Appeals of Georgia

In the Court of Appeals of Georgia WHOLE COURT NOTICE: Motions for reconsideration must be physically received in our clerk s office within ten days of the date of decision to be deemed timely filed. http://www.gaappeals.us/rules/ March

More information

A summary and analysis of Borg-Warner is attached.

A summary and analysis of Borg-Warner is attached. According to Andrew Schirrmeister, plaintiffs lawyers specializing in toxic tort litigation are scrambling. On June 8, 2007, in Borg-Warner Corp. v. Flores, 1 the Texas Supreme Court issued a significant

More information

Fungal Assessment. Smith Recreation Community Centre 1019 Hwy 2A, Smith, Alberta

Fungal Assessment. Smith Recreation Community Centre 1019 Hwy 2A, Smith, Alberta Top Q A DIVISION OF TOP QUALITY INSPECTIONS INC. Fungal Assessment Smith Recreation Community Centre 1019 Hwy 2A, Smith, Alberta 2012 P. O. B o x 8 3 0 2 4, E d m o n t o n, A B T 5 T 6 S 1 P h o n e :

More information

JENNIFER (COLMAN) JACOBI MMG INSURANCE COMPANY. in the Superior Court (Hancock County, Cuddy, J.) in favor of Jennifer (Colman)

JENNIFER (COLMAN) JACOBI MMG INSURANCE COMPANY. in the Superior Court (Hancock County, Cuddy, J.) in favor of Jennifer (Colman) MAINE SUPREME JUDICIAL COURT Decision: 2011 ME 56 Docket: Han-10-526 Argued: April 12, 2011 Decided: May 10, 2011 Reporter of Decisions Panel: SAUFLEY, C.J., and ALEXANDER, SILVER, MEAD, GORMAN, and JABAR,

More information

Missouri Small Claims Court Handbook. The Missouri Bar Young Lawyers' Section

Missouri Small Claims Court Handbook. The Missouri Bar Young Lawyers' Section Missouri Small Claims Court Handbook The Missouri Bar Young Lawyers' Section TABLE OF CONTENTS I. INTRODUCTION TO THE SMALL CLAIMS COURT...1 Page II. THINGS TO CONSIDER BEFORE BRINGING A CLAIM...1 A. WHO

More information

PRIVATE ATTORNEY SERVICES DIVISION OF RISK MANAGEMENT BUREAU OF CLAIMS ADMINISTRATION INTRODUCTION TO BILLING GUIDELINES

PRIVATE ATTORNEY SERVICES DIVISION OF RISK MANAGEMENT BUREAU OF CLAIMS ADMINISTRATION INTRODUCTION TO BILLING GUIDELINES PRIVATE ATTORNEY SERVICES DIVISION OF RISK MANAGEMENT BUREAU OF CLAIMS ADMINISTRATION INTRODUCTION TO BILLING GUIDELINES The Division of Risk Management, Bureau of Claims Administration, (Division) is

More information

Alternative Burdens May Come With Alternative Causes

Alternative Burdens May Come With Alternative Causes Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Alternative Burdens May Come With Alternative Causes

More information

VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION

VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION CHAPTER 585 An Act to amend and reenact 38.2-2206 of the Code of Virginia and to amend the Code of Virginia by adding in Article 7 of Chapter 3 of Title 8.01 a

More information

THE STATE OF FLORIDA...

THE STATE OF FLORIDA... TABLE OF CONTENTS I. THE STATE OF FLORIDA... 2 A. FREQUENTLY CITED FLORIDA STATUTES... 2 1. General Considerations in Insurance Claim Management... 2 2. Insurance Fraud... 5 3. Automobile Insurance...

More information

LESPERANCE MENDES. Suite 410, 900 Howe Street, Vancouver BC Canada V6Z 2M4 t 604-685-3567 f 604-685-7505 www.lmlaw.ca

LESPERANCE MENDES. Suite 410, 900 Howe Street, Vancouver BC Canada V6Z 2M4 t 604-685-3567 f 604-685-7505 www.lmlaw.ca Guide to 2-5-10 Warranties LESPERANCE MENDES Suite 410, 900 Howe Street, Vancouver BC Canada V6Z 2M4 t 604-685-3567 f 604-685-7505 www.lmlaw.ca LESPERANCE MENDES Guide to 2-5-10 Warranties The Homeowner

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Thompson v. Hartford Accident and Indemnity Company et al Doc. 1 1 1 WO William U. Thompson, v. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Plaintiff, Property & Casualty Insurance

More information

Briefs. Special Edition - MOLD

Briefs. Special Edition - MOLD Summer 2004 A Summary of Current Developments in Construction Law CONSTRUCTION LAW Briefs Special Edition - MOLD On The Inside Insurance Coverage 3 Legislation 4 First there was asbestos. Then there was

More information

NEW MEXICO SELF-INSURERS' FUND WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY PLAN

NEW MEXICO SELF-INSURERS' FUND WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY PLAN NEW MEXICO SELF-INSURERS' FUND WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY PLAN In return for the payment of the premium and subject to all terms of this Policy, we agree with you as follows. GENERAL

More information

INVESTIGATIONS GONE WILD: Potential Claims By Employees

INVESTIGATIONS GONE WILD: Potential Claims By Employees INTRODUCTION INVESTIGATIONS GONE WILD: Potential Claims By Employees By: Maureen S. Binetti, Esq. Christopher R. Binetti, Paralegal Wilentz, Goldman & Spitzer, P.A. When can the investigation which may

More information

Every responsible owner of commercial property carries. public liability insurance. The purpose is usually to provide

Every responsible owner of commercial property carries. public liability insurance. The purpose is usually to provide THE CGL POLICY - WILL IT COVER A COMMERCIAL BUILDING OWNER FOR CONSTRUCTION DEFECTS IN THE BUILDING? By David H. Fishman GORDON, FEINBLATT, ROTHMAN, HOFFBERGER & HOLLANDER, LLC BALTIMORE, MD Every responsible

More information

Texas Measure of Damages For First- Party Property Losses

Texas Measure of Damages For First- Party Property Losses Texas Measure of Damages For First- Party Property Losses Partial Loss vs. Total Loss Facts: The insured s home was damaged by a fire. The remaining portions were leaning and barely standing, the roof

More information

WORKERS COMPENSATION SUBROGATION AND THIRD PARTY SETTLEMENTS. B. Industrial Revolution and Workers Compensation Statutes

WORKERS COMPENSATION SUBROGATION AND THIRD PARTY SETTLEMENTS. B. Industrial Revolution and Workers Compensation Statutes I. HISTORICAL BACKGROUND A. Common Law WORKERS COMPENSATION SUBROGATION AND THIRD PARTY SETTLEMENTS Before the advent of workers compensation statutes, the only protection afforded to victims of work place

More information

Injured on the Job. Your Rights under FELA. Quick Facts: What To Do If Injured

Injured on the Job. Your Rights under FELA. Quick Facts: What To Do If Injured Injured on the Job Your Rights under FELA Quick Facts: What To Do If Injured 1. Consult your own doctor for treatment. Give your doctor a complete history of how your injury happened. Make sure that the

More information

Medical Malpractice Litigation. What to Expect as a Defendant

Medical Malpractice Litigation. What to Expect as a Defendant Medical Malpractice Litigation What to Expect as a Defendant Being named as a defendant in a malpractice suit may be your first exposure to civil litigation. You will probably wish it would just go away.

More information

Contractors Pollution Liability Insurance For Restoration Contractors

Contractors Pollution Liability Insurance For Restoration Contractors Contractors Pollution Liability Insurance For Restoration Contractors By David J. Dybdahl, CPCU, ARM, MBA American Risk Management Resources Network, LLC. March 2006 When mold cleanup exploded onto the

More information

You ve Been Sued, Now What? A Roadmap Through An Employment Lawsuit

You ve Been Sued, Now What? A Roadmap Through An Employment Lawsuit You ve Been Sued, Now What? A Roadmap Through An Employment Lawsuit California employers facing their first employment lawsuit can be in for a rude awakening. Such lawsuits are a harsh introduction to

More information

Employer Must Show Economic Injury to Successfully Invoke Key Employee Exception Under the Family and Medical Leave Act

Employer Must Show Economic Injury to Successfully Invoke Key Employee Exception Under the Family and Medical Leave Act June 1, 2011 I. EMPLOYMENT LAW Employer Must Show Economic Injury to Successfully Invoke Key Employee Exception Under the Family and Medical Leave Act In Johnson v. Resources for Human Development, Inc.,

More information

Additional Insured Changes in the CGL

Additional Insured Changes in the CGL Additional Insured Changes in the CGL May 2004 New changes to the additional insured endorsements and the introduction of a limitation to the definition of "insured contract" are characterized by ISO as

More information

Limiting Product Liability

Limiting Product Liability Limiting Product Liability and Addressing Mass Tort Litigation Craig Blau Shareholder and Chair, Product Liability Department Anderson Kill & Olick PC INSIDE THE MINDS As a product liability attorney,

More information