Substantial Evidence of Flood Loss is Not a Substitute for Required Proof of Loss
April 20, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe court found that the insurer properly denied the insured’s claim for loss due to flood because a proof of loss was never submitted. Bay Haven at Coco Bay Condominium Association, Inc. v. Hartford Ins. Co. of the Midwest, 2026 U.S. Dist. LEXIS 6847 (M.D. Fla. Jan. 14, 2026).
Bay Haven managed several condo buildings. When Hurricane Ian hit, it caused significant flood damage to these properties. Bay Haven held federal flood insurance policies through Hartford under “Write-Your-Own” policies. This meant Hartford was essentially a fiscal agent that managed policies and handled claims but paid them using federal funds.
Following the storm, FEMA extended the usual 60-day deadline for filing a proof of loss to one year, or until September 28, 2023. Bay Haven did not submit its proofs of loss until November 2023. FEMA granted an extension but only for the specific amounts in the November requests. Hartford did not waive the 60-day proof of loss requirement for any other proof of loss. Hartford paid the amounts reflected in the November submissions.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
SDV Celebrates 30th Anniversary Press Release
April 08, 2026 —
Saxe Doernberger & Vita, P.C.Trumbull, Connecticut – Saxe Doernberger & Vita, P.C. (SDV) is proud to announce the celebration of its 30th anniversary.
Founded in 1996 by three attorneys in a small New Haven, Connecticut office, SDV was built on a clear and focused mission: representing policyholders in insurance coverage matters. Three decades later, that commitment remains at the core of the firm’s identity and has been instrumental in its continued success and reputation nationwide.
Today, SDV is a nationally recognized boutique firm with 50 attorneys serving policyholders across the United States. Building on its longstanding reputation for excellence and client advocacy, the firm is pleased to announce the opening of its newest office in Massachusetts—an exciting milestone that reflects SDV’s continued growth. The new office is led by Managing Partner Anna Perry.
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Saxe Doernberger & Vita, P.C.
Jurisdiction Over Foreign Manufacturers in Construction Litigation
May 14, 2026 —
Timothy J. Repass & Miki J. Saito - Wood Smith Henning BermanA recent decision from the Washington Court of Appeals provides important guidance on personal jurisdiction over foreign product manufacturers in construction and infrastructure litigation. In King County v. Aquatherm GmbH, No. 85572-7-I (Wash.Ct. App.Div.I)(unpublished), the court addressed whether a German manufacturer could be sued in Washington for alleged defects in piping used in major public infrastructure projects. The ruling offers a detailed, fact-driven roadmap for how Washington courts evaluate jurisdiction over foreign manufacturers operating through layered distribution networks. It also reflects a broader trend toward focusing on real-world commercial conduct rather than formal corporate structure.
Background of the Case
King County sued after widespread failures in polypropylene piping installed at the King County Correctional Facility. The pipe, manufactured by Aquatherm GmbH in Germany, was marketed, distributed, and installed through a network of U.S.-based entities. Following a six-week trial, the jury returned a verdict exceeding $18 million on claims under the Washington Product Liability Act and Consumer Protection Act. Aquatherm challenged, among other things, the trial court's exercise of personal jurisdiction.
Reprinted courtesy of
Timothy J. Repass, Wood Smith Henning Berman and
Miki J. Saito, Wood Smith Henning Berman
Mr. Repass may be contacted at trepass@wshblaw.com
Ms. Saito may be contacted at msaito@wshblaw.com
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Meet BWB&O’s Super Lawyers Rising Stars in Colorado!
April 08, 2026 —
Dolores Montoya - Bremer Whyte Brown & O’Meara, LLPBremer Whyte Brown & O’Meara, LLP is thrilled to share that Partner
Devin Brunson and Associate
Melissa Youngpeter have been named to the Super Lawyers 2026 Colorado Rising Stars list. This recognition reflects their exceptional work in Personal Injury and Civil Litigation.
SUPER LAWYERS RISING STARS
Devin Brunson: 2024-2026
Melissa Youngpeter: 2026
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Bremer Whyte Brown & O’Meara, LLP
End of an (Endangerment) Era
February 23, 2026 —
Sukhmani K. Singh, Christopher P. Colyer & Sean M. Sherlock - Snell & WilmerOn February 12, 2026, the U.S. Environmental Protection Agency (EPA) announced the repeal of the 2009 Greenhouse Gas (GHG) Endangerment Finding and the elimination of all federal GHG emission standards for motor vehicles and engines.
1 The EPA characterized the action as the “single largest deregulatory action in U.S. history.”
2 This development marks a fundamental shift in federal climate policy under the Clean Air Act (CAA) and is expected to trigger immediate and extensive litigation.
In Massachusetts v. EPA, the U.S. Supreme Court held that GHGs qualify as “air pollutants” under the CAA and that the EPA must determine whether emissions from new motor vehicles cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare under CAA Section 202(a).
3 Following this decision, on December 7, 2009, the EPA issued two findings. First, the EPA classified six different GHGs as threatening public health and welfare. Second, the EPA determined that emissions from new motor vehicles contribute to that endangerment.
4 Although the findings themselves imposed no direct regulatory requirements, they served as the legal predicate for GHG emission standards for light-duty and heavy-duty vehicles, and later for other CAA programs affecting statutory sources. In 2012, the U.S. Circuit Court of Appeals for the District of Columbia upheld the Endangerment Finding and related regulations.
5
Reprinted courtesy of
Sukhmani K. Singh, Snell & Wilmer,
Christopher P. Colyer, Snell & Wilmer and
Sean M. Sherlock, Snell & Wilmer
Ms. Singh may be contacted at ssingh@swlaw.com
Mr. Colyer may be contacted at ccolyer@swlaw.com
Mr. Sherlock may be contacted at ssherlock@swlaw.com
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Celebrating 29 Years – Thank You for Your Continued Trust!
April 20, 2026 —
Dolores Montoya - Bremer Whyte Brown & O'Meara LLPFor 29 years, Bremer Whyte Brown & O’Meara, LLP has grown alongside the clients and communities we proudly serve.
What began as a single office in Orange County has evolved into a multi-state firm with 11 locations across five states. Today, we are proud to be supported by a dedicated team of more than 200 attorneys and over 400 employees who work every day to deliver exceptional service and results.
This milestone is not just about where we started; it’s about the people who have helped shape who we are today. Our continued growth reflects the strength of our relationships, the trust of our clients and partners, and the commitment of our team.
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Dolores Montoya, Bremer Whyte Brown & O'Meara LLP
Breaking Ground On New California Public Works Prevailing Wage Requirements
April 27, 2026 —
Heather Frisch, Christopher Bouquet & Ashley Stein - The Construction SeytSeyfarth Synopsis: As of January 1, 2026, AB 889 bulldozed California’s Prevailing Wage law, which impacts public works employers—including public agencies, the contractors that work for them, and private owners and developers whose projects may be subject to public works requirements. The amended law reframes the calculation of fringe benefits for individuals who work on public works project and mandates annualization of such benefits, demolishes the practice of frontloading these benefits, and requires employers to maintain inspection-ready records of compliance.
This year, AB 889 significantly revised California’s prevailing wage law, codified at Labor Code section 1773.1, to clarify the state’s prevailing wage regulations and streamline enforcement. Accordingly, as of January 1, 2026, California public works employers are required to annualize employees’ fringe benefits and maintain specific documentation demonstrating statutory compliance. These new obligations impact public agencies and their contractors, as well as private owners and developers whose projects may be subject to public works requirements. Continue reading for the blueprint of how to comply with the state’s amended prevailing wage law.
Reprinted courtesy of
Heather Frisch, Seyfarth Shaw LLP,
Christopher Bouquet, Seyfarth Shaw LLP and
Ashley Stein, Seyfarth Shaw LLP
Ms. Frisch may be contacted at hfrisch@seyfarth.com
Mr. Bouquet may be contacted at cbouquet@seyfarth.com
Ms. Stein may be contacted at astein@seyfarth.com
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Settlement Agreements and Contracts Require a Meeting of the Minds
July 20, 2026 —
David Adelstein - Florida Construction Legal UpdatesA settlement agreement does not need to be executed for it to be enforceable as long as there was a MEETING OF THE MINDS. The same rings true for any contract regardless of whether the contract is signed – THERE NEEDS TO BE A MEETING OF THE MINDS.
In a recent case dealing with the settlement agreement on a construction lien, the essential settlement terms (money and mutual release) were memorialized in an e-mail exchange between the parties (owner and subcontractor). The settlement required the owner to pay the principal amount plus some attorney’s fees and then a mutual general release would be prepared. In response to the confirmatory email, the owner sent a check, which the subcontractor deposited, but the owner refused to sign the release signed and sent by the subcontractor. The owner further claimed it doesn’t need to pay the attorney’s fees because the lien amount was paid in full. The subcontractor sued arguing the owner breached the terms of the settlement. The appellate court agreed.
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David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com