Ninth Circuit Holds That Policies Covering Environmental Claims Do Not Have Aggregate Limits
May 12, 2026 —
Lorelie S. Masters & Joseph T. Niczky - Hunton Insurance Recovery BlogIn the case of
County of San Bernardino v. Insurance Company of the State of Pennsylvania, the Ninth Circuit recently addressed the issue of whether general liability policies issued in the 1960s and 1970s included aggregate limits for claims arising under the premises-operations coverage in CGL policies. The difference between the policyholder’s interpretation of the policies’ limits clauses and the insurer’s interpretation was worth hundreds of millions of dollars in exposure for the insurer. The Court closely examined the policy language and extrinsic evidence from both the insurance industry’s drafting history and the parties before concluding that the policies were ambiguous. The Court construed that ambiguity in favor of the policyholder and ruled that aggregate limits did not apply to the claims at issue. The Court’s decision underscores the importance of carefully examining a policy’s limits, especially for older policies written before 1986 when the insurance industry revised the standard-form CGL policy to state the aggregate limits apply not only to products liability claims but to premises-operations claims as well. Decades of insurance industry drafting history confirms, as the policyholder’s submissions in this case indicate, that the industry well understood that operations claims like the environmental waste-disposal claims at issue here typically were not subject to aggregate limits.
Reprinted courtesy of
Lorelie S. Masters, Hunton Andrews Kurth LLP and
Joseph T. Niczky, Hunton Andrews Kurth LLP
Ms. Masters may be contacted at lmasters@hunton.com
Mr. Niczky may be contacted at jniczky@hunton.com
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Four Payne & Fears Attorneys Named 2026 Southern California Super Lawyers Rising Stars
March 17, 2026 —
Payne & FearsWe congratulate our four Payne & Fears attorneys who have been named 2026 Southern California Super Lawyers Rising Stars. This recognition highlights the next generation of legal talent, honoring attorneys who have made a strong impact in their practice areas early in their careers.
Employment & Labor
Taylor Brown
Bree Oswald
Employment Litigation: Defense
Tyler Runge
Business Litigation
Brian Shaw Read the full story...Reprinted courtesy of
Payne & Fears
Delay Matters: Florida’s Fourth DCA Reverses Hurricane Irma Dismissal
June 08, 2026 —
Andrea DeField, Machaella Reisman & Cary D. Steklof - Hunton Insurance Recovery BlogThe mantra “delay, deny, defend” is frequently referenced in discussions of insurance claims handling, though insurers will invariably disavow these tactics. While it would be facially improper for an insurer to delay a coverage decision to gain a tactical advantage, empirical examples nonetheless exist. This very dynamic was addressed by Florida’s Fourth District Court of Appeals when it handed policyholders a win in
Hypoluxo Mariner’s Cay Condo. Assoc’n, Inc. v. Underwriters at Lloyd’s London, No. 4D2024‑2250 (Fla. 4th DCA Apr. 1, 2026), reversing a trial court order dismissing a condominium association’s Hurricane Irma coverage lawsuit against its property insurer.
Delay to Run the Statute of Limitations
Following Hurricane Irma, a condominium association suffered roof and exterior envelope damage, reported an insurance claim, and submitted a sworn proof of loss to its property insurer in compliance with Florida Statute § 627.70132 (2020). The statute establishes a timeframe within which a policyholder must submit a claim for hurricane damage.
Reprinted courtesy of
Andrea DeField, Hunton Andrews Kurth LLP,
Machaella Reisman, Hunton Andrews Kurth LLP and
Cary D. Steklof, Hunton Andrews Kurth LLP
Ms. DeField may be contacted at adefield@hunton.com
Ms. Reisman may be contacted at reismanm@hunton.com
Mr. Steklof may be contacted at csteklof@hunton.com
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Are “Financial Hardship” Damages Recoverable?
June 08, 2026 —
David Adelstein - Florida Construction Legal UpdatesIn a case out of the Civilian Board of Contract Appeals, F.O.G., LLC v. Department of the Interior, CBCA 8203, 2026 WL 1191881 (CBCA 2026) a contractor claimed damages that included “financial hardship” damages due to slow payments. The financial hardship damages included personal damages to the contractor’s president and his wife. Are these damages recoverable? Drumroll…The Board ruled that the contractor cannot recover such financial hardship damages.
As it relates the personal financial hardship damages, the Board ruled, “Neither [the contractor’s] president nor his wife are a party to this contract, are in privity of contract with [the government], or are the beneficiaries under this contract. [The contractor], therefore, cannot recover for any losses that either one has suffered individually and that [the contractor] claimed in this appeal.” F.O.G., LLC, supra.
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David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
Newmeyer Dillion Partner Jeff Masters Recognized by Chambers USA for Representation of Insurance Policyholders
June 08, 2026 —
Newmeyer DillionNEWPORT BEACH, Calif. – June 4, 2026 – Newmeyer Dillion is proud to announce that litigation partner Jeffrey D. Masters has been ranked among a select group of California lawyers representing insurance policyholders in the 2026 edition of Chambers USA.
This marks two consecutive years of recognition for Masters by this prestigious international attorney rating resource.
"This recognition by Chambers and Partners is a testament to Jeff’s dedication to our clients," said Managing Partner, Paul Tetzloff. "We are thrilled to see his hard work acknowledged and the level of passion and care that he delivers to clients fully recognized."
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Newmeyer Dillion
Did You Get the Message? (And does it count?) The Legal Consequences of Text Messages, Group Chats, and Informal Digital Communication on Construction Projects
March 17, 2026 —
Kellie Ros & Curtis Martin - ConsensusDocsIntroduction: The New Reality of Construction Communication
Construction projects have always depended on a constant stream of communication. Today’s project managers, superintendents, and foremen have broadened the method of communication to include convenient forms of digital communication. Superintendents text photos of field conditions, owners send quick approvals through WhatsApp, architects clarify design intent in a Teams chat, and subcontractors coordinate sequencing through group texts. These channels are fast, convenient, and deeply embedded in modern project culture. Yet the legal framework governing construction contracts has not evolved at the same pace. Many contracts still assume – or require – that notice, directives, and approvals occur through formal written channels—letters, emails to designated recipients, or structured project‑management platforms. This disconnect creates significant legal risk, particularly for contractors who rely on informal messages as authorization for extra work or schedule changes. Courts are increasingly asked to interpret text messages, chat threads, and screenshots as evidence of notice, direction, or waiver. The outcomes vary, but the trend is unmistakable: informal digital communication is now part of the project record, and it can bind parties in ways they did not expect.
Reprinted courtesy of
Kellie Ros, Peckar & Abramson, P.C. and
Curtis Martin, Peckar & Abramson, P.C.
Ms. Ros may be contacted at kros@pecklaw.com
Mr. Martin may be contacted at cmartin@pecklaw.com
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Insureds’ Altering Dates for Hailstorm Damage Justifies Denial of Claim
June 02, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe Firth Circuit affirmed the district court’s grant of summary judgment to the insurer due to the insureds’ failure to establish the date of loss after a hailstorm. Cutchall v. Chubb Lloyds Ins. Co. of Texas, 2026 WL 625633 (5th Cir. March 5, 2026).
In September 2021, the Cutchalls made a claim on their policy for interior water damage due to a hailstorm that breached their roof. Chubb retained two engineers to inspect the home, but neither found evidence that a hailstorm caused the damage. Instead, the engineers concluded a variety of other causes, such as poor ventilation and as-built defects, caused the damage. Because Chubb concluded that some of these other causes were covered by the policy, it paid only for the covered portions.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Insurance Coverage and Bad Faith Practice Earns Prestigious Band One Ranking in the Chambers USA 2026 Guide
June 22, 2026 —
White and Williams LLPWhite and Williams LLP's Insurance Coverage and Bad Faith Practice Group is pleased to share that it has received a Band One ranking in the Chambers USA 2026 Guide for Insurance, Pennsylvania. Additionally, Patricia B. Santelle, Chair Emeritus, Randy Maniloff, Partner, and Robert Walsh, Partner have all been individually ranked on the Chambers USA 2026 Guide in Insurance in Pennsylvania.
The Insurance Coverage and Bad Faith Practice's consistent focus on their clients and handling of complex claims were just two of the attributes contributing to their elite Band One ranking, after 11 years on the Chambers USA list. When asked about their experience working with White and Williams’ Pennsylvania Insurance Practice, one client stated, “What distinguishes White and Williams is the high level of service and accountability. The team is responsive, organized and reliable, which allows our internal teams to move quickly and make informed decisions with confidence.”
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White and Williams LLP
