Science-Based Standards for Wildfire Recovery: What California Policyholders Need to Know About A.B. 1642
March 03, 2026 —
Geoffrey B. Fehling & Yosef Itkin - Hunton Insurance Recovery BlogWildfires continue to present serious risks for California property owners. Unfortunately, commercial property owners, corporate facilities, landlords, and homeowners need to overcome not only the flames themselves, but also remediating hazardous contamination against a backdrop of unpredictable and ambiguous environmental safety standards. In response to the destructive Los Angeles area fires in 2025, the California Legislature recently introduced Assembly Bill 1642 aimed at creating uniform science-based standards for evaluating, testing, and clearing wildfire-impacted properties.
While A.B. 1642 is in its early stages of consideration, it could materially influence claims handling, remediation costs, risk management practices, and broader liability exposures for California policyholders.
Reprinted courtesy of
Geoffrey B. Fehling, Hunton Andrews Kurth LLP and
Yosef Itkin, Hunton Andrews Kurth LLP
Mr. Fehling may be contacted at gfehling@hunton.com
Mr. Itkin may be contacted at yitkin@hunton.com
Read the full story...
Bad Faith Claim Dismissed as Insurer’s Actions Found Reasonable
December 08, 2025 —
Tred R. Eyerly - Insurance Law HawaiiThe insured’s bad faith claims failed as the court found that the insurer’s handling of the claim was reasonable. Terrazas v. State Farm Lloyds, 2025 U.S. Dist. LEXIS 201925 (W.D. Tex. Oct. 20. 2025).
Plaintiff filed a claim with State Farm when her home suffered hail damage. Claims Specialist Denice Gomez was assigned to inspect, but she was unable to access the roof. She inspected the interior of the home and found water damage and observed hail damage on the garage doors. Ms. Gomez retained SeekNow to complete the roof inspection.
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
SDNY Ruling Highlights Privilege Risks in Client Use of Generative AI
March 03, 2026 —
Christopher J. Olsen, Freddy X. Muñoz & Gary M. Stein - Peckar & Abramson, P.C.Artificial intelligence is quickly becoming a go‑to tool for aggregating and summarizing large volumes of data, formulating and testing arguments, and even sketching litigation strategies. But a recent ruling from the Southern District of New York serves as a stark warning: when clients turn to generative AI for legal strategy, they may be unknowingly turning privileged information over to a third party and then creating documents that may later be discoverable in litigation. In a closely watched bench decision, Judge Rakoff ruled that AI‑generated documents created by the target of a criminal investigation using Anthropic’s Claude were not privileged despite being generated with information learned from his attorneys to support his potential legal defense and then shared with his counsel. The decision highlights the unresolved and increasingly consequential intersection of AI, privilege, and discovery.
Facts
Bradley Heppner received a grand jury subpoena and hired attorneys at Quinn Emanuel to represent him. After learning he was a target of the investigation, but before he was arrested, he created 31 documents with Claude using information from his attorneys to outline a potential defense strategy. He was later arrested on charges of securities and wire fraud, and federal agents seized his electronic devices, which contained the 31 documents that had been provided to his attorneys. Mr. Heppner argued that the documents were created to prepare his potential defense strategy in anticipation of an indictment, but he conceded that he made the decision to prepare the reports on his own, i.e., not at the direction of counsel. He nevertheless claimed the documents were protected from disclosure by the attorney-client privilege and work product doctrine; the government moved to overrule the objections.
Reprinted courtesy of
Christopher J. Olsen, Peckar & Abramson, P.C.,
Freddy X. Muñoz, Peckar & Abramson, P.C. and
Gary M. Stein, Peckar & Abramson, P.C.
Mr. Olsen may be contacted at colsen@pecklaw.com
Mr. Muñoz may be contacted at fmunoz@pecklaw.com
Mr. Stein may be contacted at gstein@pecklaw.com
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Washington Court of Appeals Narrows Arbitrator Authority in Construction Dispute
November 21, 2025 —
Joshua Lane - Ahlers Cressman & Sleight PLLCIn a recent opinion, Division III of the Washington Court of Appeals clarified arbitrator limits in Reecer Creek Excavating v. SRI-Rochlin Construction JV,
[1] holding that consequential damage waivers are enforceable, fee-shifting depends on who “substantially prevails,” and arbitration awards can be vacated only in narrow circumstances.
Reecer Creek Excavating (“Reecer”) was subcontracted by SRI-Rochlin Construction JV (“SRI”) to perform excavation and paving work on a housing development in Ellensburg, Washington. When payment disputes arose, both parties filed breach-of-contract claims and later agreed to private arbitration. Their arbitration agreement included terms mandating that “the prevailing party shall be entitled to reasonable attorney fees and costs” and providing for an exception to the finality of the award where the arbitrator exceeded its authority.
After a multi-day arbitration, the arbitrator found both parties partly at fault - Reecer for incomplete and defective work, and SRI for withholding certain payments. The net award favored Reecer by about $55,000, with each side ordered to bear its own attorney’s fees.
Read the full story...Reprinted courtesy of
Joshua Lane, Ahlers Cressman & Sleight PLLCMr. Lane may be contacted at
joshua.lane@acslawyers.com
Congratulations to BWB&O’s 2026 Super Lawyers and Rising Stars Honorees!
February 23, 2026 —
Dolores Montoya - Bremer Whyte Brown & O'Meara LLPBremer Whyte Brown & O’Meara, LLP is proud to announce that Partners
Nicole Whyte,
Keith Bremer,
John Toohey, and
Tyler Offenhauser have been named to the 2026 Southern California Super Lawyers list. Notably, Nicole Whyte was also selected to the Top 50 Orange County Super Lawyers list, an honor reflecting her outstanding work, leadership, and impact in the legal community.
Partners
Kyle Riddles and
Courtney Serrato, along with Associate Kevin Moore, were also recognized as 2026 Southern California Super Lawyers Rising Stars.
Read the full story...Reprinted courtesy of
Bremer Whyte Brown & O'Meara LLP
Yet Another Reason That Your Contract Matters
February 10, 2026 —
Christopher G. Hill - Construction Law MusingsI have discussed on several occasions the fact that
construction contracts matter. The words in contracts matter and, in Virginia (as well as other states), most provisions, if not all
will be enforced to the letter. Recently, the Western District of Virginia federal court ruled in a way that reminded me of another reason for a well-drafted contract.
In
Rockingham Precast, Inc. v. American Infrastructure – Maryland, Inc. the Western District of Virginia Court considered a motion to transfer the venue to Maryland filed by American Infrastructure. The plaintiff, Rockingham Precast, a Virginia-based company sued in Virginia. American Infrastructure conceded that VA could be a proper forum for the lawsuit but argued that the form was much too inconvenient and costly for the party and non-party witnesses and that the cost made the forum an unfair place to try the case.
Read the full story...Reprinted courtesy of
The Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
Homeowners Associations Must Prepare for Cold Season Maintenance and Repairs in Western Washington
November 21, 2025 —
Andre Egle - VF LawWashington experiences major winter storms in the Greater Puget Sound area approximately two or three times per winter. While this depends on whether the winter weather pattern is affected by either El Niño or the La Niña Pacific Ocean current, associations must prepare for storm impacts rather than scramble after a storm has hit. La Niña conditions are ongoing and are likely to persist into the winter of 2025-2026, though forecasts indicate it will remain weak. Here are some steps Homeowners Associations (HOA) can take to protect themselves.
What Proactive Steps Can a Washington HOA Take to Identify and Minimize Potential Construction or Maintenance Risks Before a Major Storm?
Knowing that the chances for heavier-than-usual rains are in the forecast, a local HOA should inspect roofs, gutters, building envelopes, and drainage systems to identify vulnerabilities to water intrusion inside the buildings or ice buildup on the outside. Trees, landscaping features, walkways, and retaining walls need to be checked for dangers like dead limbs, tripping hazards, or any signs of shifting structure. Mechanical and utility systems such as plumbing, HVAC, and exterior lighting must be inspected to ensure they have sufficient insulation, protection, and proper operation. Contractors must ensure that all active construction sites are properly secured. They should also have a plan in place to protect materials from storm damage and address any other hazardous conditions.
What Key Questions Should HOA Boards and HOA Property Managers Ask Potential Contractors to Ensure Good Workmanship and Accountability?
The following five core questions capture the essentials of a contractor’s quality, reliability, and accountability: (1) Are you licensed, bonded, insured (inquire into the policy types and the applicable limits), and able to provide references for similar HOA projects? (2) Who will manage the project on-site work (request that person’s CV or work history), and how will you communicate work progress, potential issues, and timelines to the HOA? (3) What materials, methods, and quality-control procedures will you use, and how will you protect the property while performing the work, particularly during the rainy and stormy season? (4) Can you provide a detailed, written scope of work and price estimate, and explain, in writing, your company procedures for handling change orders or unexpected conditions? (5) What warranties do you provide for labor and materials that you will be using, and how do you handle a warranty or “punch-list” issues after the job is complete?
What are Some Insurance Pitfalls HOAs Often Overlook - and How to Avoid Them?
Here are the most common insurance pitfalls that HOAs may overlook, along with proposed solutions for addressing them. Pitfall No.1: Outdated or generic replacement-cost estimates that do not reflect actual construction costs in Washington. Solution: Obtain a professional replacement-cost appraisal every 3–5 years and ensure that the policy includes full replacement cost, not actual cash value. Pitfall No.2: Misunderstanding of the division of responsibility for covered losses between the HOA and individual owners. Solution: Educate the owners that under most an HOA’s contemporary governing documents such as the Declarations Of Conditions, Covenants, and Restrictions (DCCRs) and the Bylaw, the association’s insurance primarily covers repairs not only to the association’s common areas and limited common areas, but also the repairs of structural and other building elements inside each individual units, and then collects from the unit owner a proportional share of the HOA’s insurance premium. That way, the repairs covered by the HOA’s property insurance are uniform, and the HOA - not the unit owner - will deal with the repair contractor and its insurer if the repairs are subpar. Pitfall No. 3: Gaps in Water Damage Coverage. Property and liability insurance policies often exclude slow leaks, sewer backups, and water intrusion - three types of claims that typically are most expensive for an HOA. Solution: To request that the HOA insurance broker add to the policy coverage of (a) a backup of sewer/drain coverage, (b) wind-driven rain, and (c) water intrusion, and (d) sudden pipe failures. Afterward, the HOA should ensure that owners consistently keep the plumbing in their units in good working order. Pitfall No. 4: Failing to Adjust Coverage After Renovations. Specifically, HOAs frequently forget to update insurance after roof replacements, building upgrades, or additions of new amenities. Solution: Notify the HOA’s insurance broker after any major capital project and update insurable values to reflect the improvements. Pitfall No. 5: Not reviewing vendor insurance requirements because contractors may frequently have inadequate coverage or let policies lapse in the middle of a construction or renovation project. Solution: At the time of contracting for the construction or renovation work at the HOA property, (i) request that contractors provide their current Certificates of Insurance (“COI”), additional insured endorsements, and insurance policies Declaration pages that show the limits or coverage, and (ii) re-verify the same insurance facts before the work begins.
What is the Best Practice for Communicating with Residents of a Community Owned by an HOA to Maintain Trust and Transparency During and After a Winter Storm?
First, before a storm, send a simple, fact-based, expectation-setting message outlining what the HOA will do (snow removal plans, inspections, vendor readiness) and what residents should be prepared to do. Utilize multiple channels, including email, text alerts, HOA portal, lobby postings, and social media (if applicable). Second, set realistic expectations about response times because trust is built when residents understand what the HOA can and cannot do. Share with residents: (a) snow/ice vendor schedules; (b) priority areas, e.g., roads, walkways, private drives; (c) any delays due to the severity of the weather, and (d) clear expectations meant to reduce the residents’ frustration. Third, provide regular updates, even if the update is “no change.” Residents want visibility and care, not perfection. Report: (i) storm status; (ii) timing of plow/ice treatment timing, (iii) any emerging hazards (e.g., downed branches, icy walkways), and (vi) instructions for safety or temporary restrictions on moving about the community. Fourth, keep a record of and clarify every step taken to address the storm’s impact, since being transparent helps build trust when residents see that the HOA operates in an organized and responsible manner. After each key action, such as plowing, salting, emergency repairs, and the like, share with residents a brief update stating (a) what was done, (b) when it was complete, (c) the name of the vendor that performed the work, and (d) the dangers that are yet to be addressed. Fifth, within 48 to 72 hours after the storm, call a meeting to conduct a post-event summary to discuss what worked well, what challenges the HOA had to deal with, what repairs or follow-up work will happen, and what improvements will be made to meet the next storm with a higher degree of preparedness. Such a meeting would be one of the strongest ways to build long-term trust in the residents of the community owned by the HOA.
Andre Egle is an attorney at
VF Law. He may be reached at andre.egle@vf-law.com.
Promptly Notifying Your Insurer of a Claim Matters
December 30, 2025 —
David Adelstein - Florida Construction Legal UpdatesDoes promptly notifying your insurer of a claim matter? A recent case out of the 11th Circuit Court of Appeals answers this question in the affirmative. MAKE SURE TO PROMPTLY NOTIFY YOUR INSURER OF A POTENTIAL CLAIM.
In L. Squared Industries, Inc. v. Nautilus Ins. Co., 31 Fla.L.Weekly C529a (11th Cir. 2025), an insured owned gas stations and had a claims-made storage tank liability insurance policy. The policy provided: “You must see to it that we are notified as soon as reasonably possible, but in any event, not more than seven (7) days after the insured first became aware of, or should have become aware of a pollution condition which may result in a claim or any action or proceeding to impose an obligation on the insured for cleanup costs . . . .”
Read the full story...Reprinted courtesy of
David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
