Insurer Dispenses with Bad Faith Claim on Summary Judgment
June 22, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe court granted the insurer’s motion for partial summary judgment because the insured failed to present evidence that the insurer failed to conduct a reasonable investigation. PSY Burger, LLC v. State Farm General Insurance Company, 2026 U.S. Dist. LEXIS 66991(C.D. Cal. March 20, 2026).
The insured’s commercial property suffered heavy damage from tropical storm Hilary. State Farm denied coverage to repair the damage. The insured sued State Farm alleging breach of contract and bad faith due to an inadequate investigation. Apparently, the insured did not retain an expert to opine on claims handling.
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Segal McCambridge Recognized in 2026 Chambers USA Rankings
June 15, 2026 —
Segal McCambridgeLos Angeles, CA, June 8, 2026 -
Segal McCambridge is pleased to announce that the firm has been recognized as a leader by Chambers USA in California. The firm is listed in the Chambers-ranked department, receiving a
Band 5 ranking for construction in California. The ranking further reinforces the firm's commitment to supporting California's construction market, from owners to developers and contractors, in high-stakes disputes statewide.
"Chambers' research-driven process and independence make this acknowledgment especially meaningful. We're proud of this ranking and grateful to our clients and colleagues whose consistent trust and collaboration make our work possible," said Jason P. Eckerly, Managing Shareholder of Segal McCambridge.
Chambers and Partners is widely regarded as one of the legal industry's most respected and independent ranking organizations. Operating across 200 jurisdictions and relied on in more than 70 countries, Chambers has, since 1990, conducted rigorous research to identify leading lawyers and law firms through a methodology that combines analysis of firm capability, achievement, and market presence through interviews and assessment of recent matters across more than 1,400 U.S. ranking tables, covering all 50 states, Washington, DC, and nationwide.
About Segal McCambridge
Segal McCambridge has built a reputation as a national law firm of accomplished trial attorneys for almost four decades. Founded in 1986, the firm has grown from a four-lawyer shop in Chicago to a firm with more than 20 offices nationwide. The firm routinely counsels and defends clients, including Fortune 500 companies, corporations, and individuals, across the United States in complex litigation matters, including, but not limited to: asbestos, class action, construction, employment, environmental, food and beverage, insurance coverage and bad faith, life sciences, product liability, professional liability, technology and cyber risk, transportation, and warranty. For more information, visit: www.segalmccambridge.com.
Arbitration Provision Must Be Incorporated into a Bond for Surety to Elect Arbitration
March 03, 2026 —
David Adelstein - Florida Construction Legal Updates“Sureties cannot exercise unilateral election rights that are reserved for the principal of the underlying contract.” Anderson Service Corp. v. Old Republic Surety Company, 2026 WL 61436, *2 (Fla. 4th DCA 2026). This was the holding in a recent case dealing with arbitration.
In this case, a subcontractor entered into a contract with a contractor that gave the contractor the right to elect arbitration in Pennsylvania. A dispute arose and the subcontractor recorded a construction lien. The contractor transferred the lien to a lien transfer bond under Florida law. (The contractor was the principal of the lien transfer bond.) The lien transfer bond surety then moved to compel the subcontractor to arbitration based on the underlying subcontract. The trial court agreed to compel arbitration but this was reversed on appeal.
Read the full story...Reprinted courtesy of
David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
Endra Rethinks MEP Design with AI
July 06, 2026 —
Aarni Heiskanen - AEC BusinessNiklas Lindgren, co-founder and CEO of Endra, joins the
AEC Business Podcast to discuss why his Stockholm-based startup is rebuilding MEP design from the ground up with AI. Endra recently raised $50 million in Series A funding and counts some of the world’s largest engineering consultancies as customers.
Niklas explains why Revit’s underlying data model is too coarse to support deep automation, and why Endra built its own granular 3D data model instead of working as a plugin. He describes Endra’s “spatial AI” approach to routing conduit and ductwork without clashes, and how the platform models entire electrical systems, from receptacle to transformer, inside a single source of truth.
Read the full story...Reprinted courtesy of
Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
Modular Construction’s Big Boom: New Risks Outpacing Standard Contracts in Industrial Projects
March 24, 2026 —
Chad Theriot & Jack Mayo - Construction ExecutiveModular construction is revolutionizing the construction industry, tackling labor shortages, sustainability goals and supply-chain challenges, with the global market for modular and prefabricated construction projected to reach over $200 billion by 2030. While residential builders have embraced modular’s speed and affordability, the greatest risks—and opportunities—are emerging in the industrial sector, where project scale and complexity demand new legal strategies.
In 2023, Chad Theriot explored industrial and infrastructure applications of modular construction, addressing risks like offsite fabrication and integration complexities in his article, “
The Rise of Modular Construction—Impacts for Consideration.” Since that time, modular construction has continued to experience significant advancements and has been increasingly adopted by contractors across a broad spectrum of industrial and commercial projects. As modular construction continues to reshape the industrial landscape, contractors and owners alike must be mindful of the legal implications associated with its use, specifically as it relates to liability and risk allocation, regulatory compliance, quality control and upstream factors such as transportation and intellectual property concerns.
Reprinted courtesy of
Chad Theriot and Jack Mayo, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
Read the full story...
Fourth Circuit Extends Coverage to Contractor
May 14, 2026 —
Hunton Insurance Recovery BlogThe Fourth Circuit in APAC-Atlantic, Inc. v. Owners Insurance Co., No. 24-1969, 2026 WL 458402 (4th Cir. Feb. 18, 2026) recently endorsed broad coverage for additional insureds, interpreting “arising out of” broadly under North Carolina law to extend coverage to a repaving company under its subcontractor’s liability insurance policy. The court held that an additional insured’s liability “arising out of” a named insured’s work in an additional-insured endorsement means liability “relating to” or “causally connected to” the named insured’s operations, rather than liability defined more narrowly as “caused by” or “the fault of” the named insured.
Read the full story...Reprinted courtesy of
Hunton Andrews Kurth 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 GH
Lien Law Change in IdahoNew York’s Comprehensive Insurance Disclosure Act Imposes Increased Disclosure Requirements On Defendants at the Beginning of LawsuitsDo Not Pass Go! Duty to Defend in a Professional Services Agreement (law note)A Riveting (or at Least Insightful) Explanation of the Privette DoctrineAdditional Insured Obligations and the Underlying LawsuitMitigate Construction Risk Through Use of ContingencyKaboom! Illinois Applies the Anti-Subrogation Rule to Require a Landlord’s Subrogating Property Insurer to Defend a Third-Party Complaint Against TenantsReminder: Pay if Paid Not All Encompassing (but Could it be?)Fourth Circuit Rejects Application of Wrap-Up Exclusion to Additional InsuredWhy Construction Firms Should Think Differently on the Issue of SustainabilityCDJ’s #5 Topic of the Year: Beacon Residential Community Association v. Skidmore, Owings & Merrill, et al.Potential Problems with Cases Involving One Owner and Multiple ContractorsEleventh Circuit Affirms Jury Verdict on Covered Property LossMandatory Attorneys’ Fee Award for Actions Brought Under the Underground Utility Damage Prevention ActWashington Court Limits Lien Rights of Construction ManagersThe Montrose Language Interpreted: How Many Policies Are Implicated By A Construction Defect That Later Causes a Flood?Bad Faith Claim For Independent Contractor's Reduced Loss Assessment Survives Motion to DismissOut of Eastern Europe, a Window Into the Post-Pandemic OfficeSchools Remain Top Priority in Carolinas as Cleanup From Storms ContinuesAthens, Ohio, Sues to Recover Nearly $722,000 After Cyber AttackLeonard Fadeeff v. State Farm General Insurance CompanyWilke Fleury Attorneys Highlighted | 2019 Northern California Super LawyersNew York Labor Laws and Action Over ExclusionsSaxe Doernberger & Vita, P.C. Expands with New Office in Foxborough, Massachusetts Summarizing Changes to NEPA in the Fiscal Responsibility Act (P.L. 118-5)Sometimes You Just Need to Call it a Day: Court Finds That Contractor Not Entitled to Recover Costs After Public Works Contract is InvalidatedBay Area Firm Offers Construction Consulting to RemodelsCounty Officials Refute Resident’s Statement that Defect Repairs ImproperDamron Agreement Questioned in Colorado Casualty Insurance v Safety Control Company, et al.America’s Infrastructure Gets a D+ Alabama Supreme Court Reverses Determination of Coverage for Faulty WorkmanshipRisk Management for Condominium ConversionsBWB&O Expands to North San DiegoDefenses Raised Three-Years Too Late Estop Insurer’s Coverage DenialLandlords Beware: Subordination AgreementsSubcontractors on Washington Public Projects can now get their Retainage Money SoonerMassachusetts Appellate Court Confirms Construction Defects are Not Covered Under Commercial General Liability PoliciesThank You to Virginia Super LawyersJames R. Lynch Appointed to the Washington State Capital Project Review CommitteeHomeowner’s Policy Excludes Coverage for Loss Caused by Chinese DrywallDoes the Miller Act Trump Subcontract Dispute Provisions?Blackstone Suffers Court Setback in Irish Real Estate DramaNation’s Top Court Limits EPA's Authority in Clean Air CaseBad Welds Doom Art Installation at Central ParkResidential Building Sector: Peaking or Soaring?ISO Proposes New Designated Premises Endorsement in Response to Hawaii DecisionReal Estate & Construction News Roundup (7/8/26) – Data Centers Negotiate Flexibility for Speed, Hotel Deal Activities Focus on Luxury, and DC Sues Apartment OwnersWatch Your Step – Playing Golf on an Outdoor Course Necessarily Encompasses Risk of Encountering Irregularities in the Ground SurfaceConstruction Defects Uncertain Role in Coverage in PennsylvaniaCongratulations to Karen Baytosh and August Hotchkin on Their Recognition as 2021 Nevada Legal Elites!hastory.php?cdjs=595386240">
New York Team Secures Appellate Win on Behalf of National Home Improvement ChainSeattle Crane Strike Heads Into Labor Day Weekend After Some Contractors Sign AgreementsCOVID-19 Business Closure and Continuity Compliance ResourceThe ABCs of PFAS: What You Need to Know About Liabilities for the “Forever Chemical”Fraud Claims and Breach Of Warranty Claims Against ManufacturerNew Strategy for Deterring Intracorporate Litigation?: Delaware Supreme Court Supports Fee-Shifting BylawsWhy the Renovation of Federal Reserve Headquarters Costs $2.5 BillionCreate a Culture of Safety to Improve Labor Recruitment EffortsReinsurer Must Reimburse Health Care Organization for Settlement CostsAirbnb Declares End to Party!Definitions Matter in Illinois: Tenant Held Liable Only for Damage to Apartment UnitTraub Lieberman Partner Greg Pennington Wins Summary Judgment in Favor of Property OwnerSales of New U.S. Homes Fell in February to Five-Month LowIt Was a Wild Week for Just About Everyone. Ok, Make that Everyone. Policy Renewals: Has Your Insurer Been Naughty or Nice?Jet Crash Blamed on Runway Construction DefectFifth Circuit: Primary Insurer Relieved of Duty to Defend Without Release of Liability of InsuredRancosky Adopts Terletsky: Pennsylvania Supreme Court Sets Standard for Statutory Bad Faith Claims
