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Real Estate & Construction News Roundup (8/12/26) – Data Center Momentum Increases, Multifamily Construction Projects Decline, CRE Returns as Top Investor Preference

September 01, 2026 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, office vacancies fall, fair housing advocacy groups sue HUD, foreign buyers reduce purchases of U.S. residential real estate, and more!

• After a brief slowdown to begin the summer, data center construction planning momentum picked up in July, again shining as the brightest sector in building. (Zachary Phillips, Construction Dive)
• The number of finished multifamily construction projects declined last year — welcome news for multifamily operators eager to work through the recent supply wave — and a record share of new apartments were high-density. (Julie Strupp, Multifamily Dive)
• Fair housing advocacy groups sued the U.S. Department of Housing and Urban Development, claiming the agency’s funding restructuring drastically reduces their ability to receive funds from the Fair Housing Initiatives Program. (Ryan Kushner, Multifamily Dive)

Read the full story...
Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

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Court Finds Potential Conflicts In Denying Insurer’s Motion to Dismiss Claim for Independent Counsel

October 12, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The District Court denied the insurer’s motion to dismiss the additional insured’s claim that the appointment of independent counsel was required. S. Cal. Edison Co. v. Travelers Prop. Cas. Co of Am., 2025 U.S. DIst. LEXIS 148495 (C.D Calif. July 15, 2025). Southern California Edison Company (SCE) entered a Master Services Agreement with its contractor, SASCO whereby SASCO agreed to provide services concerning electrical pole repair and replacement. SASCO was required to obtain primary and excess general liability policies and to name SCE as an additional insured. SASCO obtained such policies from Travelers, naming SCE as an additional insured. The policies limited coverage for SCE to covered damages arising from SASCO’s work. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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Emerging Issues in Construction CGL Insurance Part 2: The Separation of Insureds and Additional Insured Interests

September 29, 2026 — Eric M. Clarkson - SDV Fenchurch
Many coverage disputes hinge on first principles—the fundamentals of insurance —rather than the minutiae. Unfortunately, the basic anatomy of insurance policies can get lost sometimes when parties are laser-focused on a particular term or set of circumstances. This is true not just in disputes, but also when writing coverage. One of the fundamentals that is commonly misunderstood and overlooked—but which is absolutely critical to the intended operation of insurance coverage—is what is commonly known as the “separation of insureds.” The “separation of insureds” is the concept that each “insured” under a policy are referred to and treated differently, and most of all that the distinctions matter. The concept is usually included as a condition in the policy. It embodies the requirement that the policy applies to each insured distinctly from how it applies to other insureds. The ISO Form CGL policies specifically state that they apply “[s]eparately to each insured against whom a claim is made or ‘suit’ is brought.” The separate and distinct treatment of insureds is more critical in construction operations than anywhere else. This distinction is essential to ensure coverage works as intended, especially when contracted operations are involved, because the policy must insure the subcontractor that purchased the policy, the general contractor who hired the subcontractor, and the owner that hired the general contractor. Even small modifications can easily frustrate the intent of the parties. Read the full story...
Reprinted courtesy of Eric M. Clarkson, SDV Fenchurch
Mr. Clarkson may be contacted at eric.clarkson@sdvfenchurch.us

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Hunton’s Jae Lynn Huckaba Selected to Miami-Dade Bar’s 2026 Circle of Excellence for Insurance Law

October 26, 2026 — Hunton Insurance Recovery Blog
Congratulations to Hunton insurance coverage associate Jae Lynn (JL) Huckaba for being selected to the Miami-Dade Bar’s 2026 Circle of Excellence for Insurance Law. Now in its fifth year, the Miami-Dade Bar’s Circle of Excellence Awards recognize attorneys who exemplify the highest standards of skill, integrity, and professionalism across the county. Honorees are chosen by a panel of past Circle of Excellence recipients following a rigorous two-month review that incorporates input from the public, Bar members, and committee leadership. Read the full story...
Reprinted courtesy of Hunton Andrews Kurth LLP

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Seattle Team Obtains Summary Judgment in Real Estate Broker Professional Liability Action

July 20, 2026 — Lewis Brisbois
Seattle Partner Kathleen A. Nelson and Associate Synova M. L. Edwards prevailed on a hotly contested motion for summary judgment in Whatcom County, Washington court in a real estate broker professional liability action. The plaintiff filed an action against Lewis Brisbois' clients, a real estate agent and brokerage firm, among several others, including the title company, purchasers and others related to the sale of real property following his complicated and long running divorce action. These claims primarily arose out of the clients’ reliance on an order signed by the court in the underlying divorce action. The order allowed the clients to execute the purchase and sale agreement, as the plaintiff was non-cooperative. Read the full story...
Reprinted courtesy of Lewis Brisbois

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Cal Unity Bar Names Angela Zanin as Statewide President

August 11, 2026 — Lewis Brisbois
The California Unity Bar has named Los Angeles Partner Angela Zanin as its statewide president for the 2026-2027 term. This appointment follows Ms. Zanin's extensive involvement in the organization, including as the founding co-chair of the Los Angeles County Unity Bar in 2024 and as its chair for the 2024-2025 term. Ms. Zanin also has served as a member of the Executive Steering Committee of the California Unity Bar since 2025. In her inaugural message as president, which the Cal Unity Bar published in its newsletter of July 2026, Ms. Zanin stated that she vowed to continue the organization’s “commitment to promoting equal opportunities and embracing diversity, equity, and inclusion in the State of California.” She also noted that as she assumed the role of president, she thought of “the famous words of Dr. Martin Luther King, Jr.: ‘The arc of the moral universe is long, but it bends toward justice.”’ Ms. Zanin closed her message by observing, “At a time when the rule of law faces challenges, our alliance stands strong, built on trust and confidence in each other.” Read the full story...
Reprinted courtesy of Lewis Brisbois

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Actual Controversy Without Actual Exhaustion: California Supreme Court Allows Declaratory Relief and Bad Faith Claims Against Excess Insurers

August 24, 2026 — Kyle A. Rudolph - Saxe Doernberger & Vita, P.C.
California courts were previously split on the issue of whether an insured may bring declaratory relief claims against excess insurers prior to the exhaustion of underlying insurance. Some California courts held that the actual exhaustion of underlying insurance was necessary, whereas other courts allowed for these types of claims to proceed.[1] Recently, the California Supreme Court addressed this split of authority and, in doing so, handed down a significant win for policyholders. In Fox Paine & Company, LLC, et al. v. Twin City Fire Insurance Company et al., the Court held that insureds may proceed with bringing forth viable declaratory relief and bad faith claims against excess insurers prior to the exhaustion of underlying insurance.[2] A summary of the Court’s opinion is provided below. Read the full story...
Reprinted courtesy of Kyle A. Rudolph, Saxe Doernberger & Vita, P.C.
Mr. Rudolph may be contacted at KRudolph@sdvlaw.com

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Amanda Mathieu Named to Massachusetts Lawyers Weekly 2026 “Top Women of Law” List

September 21, 2026 — Lewis Brisbois
Massachusetts Lawyers Weekly recently named Boston Deputy Managing Partner Amanda Mathieu to its 2026 “Top Women of Law” list, which honors leaders who have shown excellence, innovation, and meaningful contributions to the industry and their communities. According to the publication, “Top Women of Law honorees represent the very best of Massachusetts’ legal community—from accomplished advocates and firm leaders to pioneers, educators, trailblazers, and role models driving positive change throughout the profession. Their influence extends beyond the courtroom and boardroom, creating a lasting impact on their clients, colleagues, organizations, and communities.” “We are lucky to have Amanda as a leader in our Boston office, and a mentor to so many Lewis Brisbois Associates who are getting their careers started in the legal profession” said Managing Partner Ken Walton on this recognition. “This is a well-deserved honor for her, and I look forward to continuing to continuing to work with her as we deliver excellent results for our clients across the country." Read the full story...
Reprinted courtesy of Lewis Brisbois

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