11 Payne & Fears Attorneys Honored by Best Lawyers
August 24, 2026 —
Payne & FearsCongratulations to the 11 Payne & Fears attorneys included in the 2027 Edition of “Lawyer of the Year” and The Best Lawyers In America®. Attorneys have been recognized in the following practice areas:
“Lawyer of the Year” (2027 Edition)
Orange County
The Best Lawyers in America® (2027 Edition)
Irvine, CA
- Jeffrey K. Brown
- Employment Law – Management
- Labor Law – Management
- Litigation – Labor and Employment
- Daniel F. Fears
- Employment Law – Management
- Labor Law – Management
- Litigation – Labor and Employment
- Daniel M. Livingston
- Commercial Litigation
- Litigation – Real Estate
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Payne & Fears
Insured is Third Party Beneficiary of Forced-Place Policy
October 26, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe court denied the insurer’s motion to dismiss the insured’s fire damage claims under a forced-place policy because the insured was a third-party beneficiary of the policy. Fredericks v. Assurant Specialty, et al., 2026 U.S. Dist. LEXIS 179779 (E.D. Pa. Aug. 12, 2026).
The insureds’ home burned down on the same day their homeowner’s policy expired. The expiration automatically triggered a forced-placed policy issued by American Security Insurance Company (ASIC) to the insureds’ mortgage company, Rocket Mortgage Company, LLC.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Builders Risk/Construction All Risks and Delay in Start-Up Coverage for Large Energy Projects: Protecting Revenue Before Operations Begin
September 21, 2026 —
Will Bennett - SDV FenchurchThe Most Significant Loss May Be the Delay, Not the Damage
Power and energy projects are uniquely vulnerable to losses during construction. Whether the project involves a utility-scale solar facility, battery storage installation, a wind farm, transmission project, LNG terminal, or conventional generation facility, loss events in this sector often have consequences far more impactful than the actual cost of repairing damaged property.
Any number of construction losses can delay commercial operation of the facility by months, triggering lost revenues, financing impacts, contractual penalties, and investor concerns. In many cases, those delay-related losses significantly exceed the underlying repair costs.
Construction All Risk (“CAR”) insurance and Delay in Start-Up (“DSU”) coverage are designed to respond to these exposures. However, recovering delay-related losses is far more complicated than many insureds anticipate, particularly when projects involve international stakeholders, global supply chains, and London market insurance placements.
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Will Bennett, SDV FenchurchMr. Bennett may be contacted at
will.bennett@sdvfenchurch.us
New York Climate Superfund Rulings Put Vermont Law in Focus
October 20, 2026 —
Amanda G. Halter, Ashleigh K. Myers, Jillian Marullo & Marcus Manca - PillsburyA second federal judge has struck down New York’s
Climate Change Superfund Act and barred its enforcement. On September 23, 2026, Judge P. Kevin Castel of the U.S. District Court for the Southern District of New York issued a
decision granting summary judgment to the United States and the U.S. Environmental Protection Agency (EPA), declaring the Act unconstitutional, and permanently enjoining New York officials from enforcing it in United States v. New York, No. 1:25-cv-03656 (S.D.N.Y. Sept. 23, 2026).
Judge Castel’s decision closely tracks the Northern District of New York’s August 31
decision in West Virginia v. James, Case No. 1:25-cv-00168 (N.D.N.Y. Aug. 31, 2026). Both courts held that the Clean Air Act (CAA) preempts New York’s effort to impose strict liability through a climate attribution and cost recovery framework based on interstate greenhouse gas (GHG) emissions. Both also held that the foreign affairs doctrine preempts the Act as applied to fossil fuel activity outside the United States. On September 24, the Northern District entered Rule 54(b) judgment implementing its August 31 decision, enjoining Attorney General Letitia James and DEC Commissioner Amanda Lefton from implementing or enforcing the Act and permitting an immediate appeal of the preemption claims.
Reprinted courtesy of
Amanda G. Halter, Pillsbury,
Ashleigh K. Myers, Pillsbury,
Jillian Marullo, Pillsbury and
Marcus Manca, Pillsbury
Ms. Halter may be contacted at amanda.halter@pillsburylaw.com
Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com
Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com
Mr. Manca may be contacted at marcus.manca@pillsburylaw.com
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Congratulations to Gianna Liddy on Her Promotion to Partner
September 21, 2026 —
Dolores Montoya - Bremer Whyte Brown & O’Meara, LLPBremer Whyte Brown & O’Meara, LLP is proud to announce that Gianna Liddy has been promoted to partner. Gianna’s dedication, leadership, and exceptional contributions to the firm have earned her this well-deserved recognition. Please join us in congratulating her on this exciting achievement!
Meet Gianna Liddy!
Gianna has been with BWB&O since 2019 and has been practicing law since 2017. Her practice focuses on complex civil defense litigation, including high-exposure personal injury, premises liability, transportation, construction defect, habitability, and general liability matters. As a Supervising Attorney in the firm’s Encinitas office, she oversees a team of attorneys, collaborates closely with clients and insurance professionals, and develops litigation strategy in complex matters.
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Bremer Whyte Brown & O’Meara, LLP
White and Williams LLP Secures Trio of Cyber Coverage Wins
May 12, 2026 —
Gabriel Darwick & Sean Elman - White and Williams LLPThree weeks, three jurisdictions, three cyber wins.
White and Williams picked up the first victory on March 9, 2026, in the United States District Court for the Western District of Texas, where the court granted summary judgment to their client enforcing a Cyber Crime Loss sublimit. See Perry & Perry Builders, Inc. v. Cowbell Cyber and Obsidian Specialty Ins. Co., 2026 U.S. Dist. LEXIS 49409 (E.D. Tex. Mar. 9, 2026). In Perry, the insured was deceived into transferring money intended for a vendor to an unintended third party. The insurer acknowledged that the loss was covered and paid the insured the policy’s Cyber Crime Loss sublimit. Discontent with a single sublimit, the insured argued that because it wired the money to the fraudster in separate transfers, it was entitled to a second Cyber Crime Loss sublimit.
Reprinted courtesy of
Gabriel Darwick, White and Williams LLP and
Sean Elman, White and Williams LLP
Mr. Darwick may be contacted at darwickg@whiteandwilliams.com
Mr. Elman may be contacted at elmans@whiteandwilliams.com
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4th Department Narrowly Interprets Professional Services
August 11, 2026 —
Craig Rokuson - Traub LiebermanIn the recent case of Cty. of Erie v. Selective Ins. Co. of Am., 2026 NY Slip Op 04092 (App. Div. 4th Dept.), New York’s Appellate Division, Fourth Department held that a general liability carrier for a construction manager owed additional insured coverage to the County of Erie, notwithstanding an exclusion in the construction manager’s policy for injuries arising out of professional services.
The underlying case involved injuries sustained when the underlying plaintiff fell off of her bicycle at a park owned by the County when she transitioned from the pavement edge to grass.
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Craig Rokuson, Traub LiebermanMr. Rokuson may be contacted at
crokuson@tlsslaw.com
Could Your Project-Level AI Prompt Become the Other Side’s Smoking Gun?
October 20, 2026 —
Ryan Glass - ConsensusDocsA dispute is brewing on the project. Wanting a quick assessment, the project manager opens ChatGPT, Claude, or another generative artificial intelligence (“AI”) platform. The project manager types the dispute background into the prompt, including concerns, explanations, and a frank discussion of what may have gone wrong on the contractor-side. The AI response identifies potential weaknesses in the contractor’s position, including possible failures to meet contractual obligations. Unhappy with the answer, the project manager starts a new chat, revises the prompt, and tries again. If the dispute escalates to arbitration or litigation, can the owner force the contractor to provide these prompts and the resulting responses?
Frustratingly, the answer is: it depends. Courts have reached different conclusions. For now, the safest course is to involve your counsel before using AI to evaluate a demand letter, default notice, or threatened lawsuit, or before using AI to draft dispute-related emails, claim letters, or other communications that contain project-specific facts. Otherwise, what feels like a private conversation may later become key evidence for the opposing party.
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Ryan Glass, Jones Walker LLCMr. Glass may be contacted at
rglass@joneswalker.com