ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Navigating Turbulent Waters Ashore: Insurance Lessons from a Navy Project Dispute

February 02, 2026 — Cary D. Steklof & Torrye Zullo - Hunton Insurance Recovery Blog
As we ring in the New Year, one thing remains the same: understanding the definitions and conditions in your insurance policy is critical. In a recent decision, a Florida federal court in Ohio Security Insurance Co. v. E Kelly Enterprises Inc. et al., No. 3:22-cv-24754, held that an insurer had no duty to defend or indemnify a general contractor and no duty to indemnify a subcontractor for damages from defective work on a naval base, based on the policy’s definition of “suit,” “property damage,” and allocation requirements. The decision highlights the importance of numerous issues in the context of commercial general liability policies, including the nuances of policy definitions, obtaining insurer consent when necessary, and allocation between covered and uncovered claims. Background In October 2014, a general contractor (“GC”) was awarded a contract by the Navy to renovate buildings at the Naval Air Station in Pensacola. The GC subcontracted work to various subcontractors, including metal framing and drywall, to a subcontractor named EKE. Reprinted courtesy of Cary D. Steklof, Hunton Andrews Kurth LLP and Torrye Zullo, Hunton Andrews Kurth LLP Mr. Steklof may be contacted at csteklof@hunton.com Ms. Zullo may be contacted at tzullo@hunton.com Read the full story...

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CARB Issues Proposed Climate Disclosure Regulations

January 13, 2026 — Michael S. McDonough, Ashleigh Myers & Karen Eskander - Gravel2Gavel Construction & Real Estate Law Blog
On December 9, 2025, the California Air Resources Board (CARB) issued proposed regulations and a staff report for California’s comprehensive climate disclosure laws, the Climate Corporate Data Accountability Act (SB 253) and the Climate-Related Financial Risk Act (SB 261). These proposed regulations come less than a month after the Ninth Circuit issued an injunction temporarily halting enforcement of SB 261, at least until a January 9, 2026, hearing on the plaintiffs’ requested longer-term injunction through the remainder of the First Amendment challenge to the laws. The draft regulations would adopt some, but not all, of the provisions proposed by CARB in its public workshops on the laws to date, and notably would scale back applicability to those companies above a threshold level of sales in the state. The proposed regulations also define key terms, establish the program fee structures, explain fee enforcement and set initial reporting timelines. The written comment period begins on December 26, 2025, and ends on February 9, 2026. CARB will hold a public hearing on the proposed regulations on February 26, 2026 at 9 a.m. PST. Reprinted courtesy of Michael S. McDonough, Pillsbury, Ashleigh Myers, Pillsbury and Karen Eskander, Pillsbury Mr. McDonough may be contacted at michael.mcdonough@pillsburylaw.com Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Ms. Eskander may be contacted at karen.eskander@pillsburylaw.com Read the full story...

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Louisiana Enacts Important Tort Reform Legislation

May 12, 2026 — Lee M. Peacocke & Benjamin Perkins - Lewis Brisbois
The Louisiana legislature enacted tort reform legislation in 2025 to address the increasing cost of insurance in Louisiana and to provide some predictability to the Louisiana legal system. While our colleagues, Jenny Michel and Jennifer Kretschmann, have provided an excellent and comprehensive analysis of the legislation in their article entitled “Louisiana State Legislature 2025 Regular Session: Tort Reform - Acts & Vetoed Insurance Bill,” which can be found here, this article examines the anticipated impact of the tort reform legislation on personal injury trials in federal and state courts in Louisiana. The most significant reform involves the institution of a modified defense of contributory negligence, which went into effect on January 1, 2026. Since 1996, Louisiana had operated as a pure comparative fault state; the liability of each party whose fault caused damages was to be allocated among the respective parties based upon their appropriate percentage of fault, regardless of the legal theory of liability asserted against each party. Thus, a plaintiff 55 percent at fault could recover 45 percent of their damages from the liable defendants. The 2025 Tort Reform Amendments now prohibit a plaintiff in a personal injury action from recovering any damages if they are found to be 51 percent or more at fault for their damages. The 55 percent at-fault party in the example above is now prohibited from recovering any damages from any party. Importantly, this new legislation now requires the trial court to instruct the jury that if they find a plaintiff to be more than 50 percent at fault, then the plaintiff will not recover any damages. Reprinted courtesy of Lee M. Peacocke, Lewis Brisbois and Benjamin Perkins, Lewis Brisbois Mr. Peacocke may be contacted at Lee.Peacocke@lewisbrisbois.com Mr. Perkins may be contacted at Benjamin.Perkins@lewisbrisbois.com Read the full story...

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Battle Looms as Feds Order Washington State Coal Plant to Stay Open

January 21, 2026 — Tim Newcomb - Engineering News-Record
Just days away from closure and a $600-million remake as a gas-powered facility, an independent power producer-owned coal-fired power plant in Washington state is ordered by the Trump administration to remain open through mid-March 2026—and likely longer—setting up a battle with state and company officials. Shutdown of the 730-MW plant, operating since 1972, was timed to comply with a state law banning coal power generation in 2026 and beyond. Read the full story...
Reprinted courtesy of Tim Newcomb, Engineering News-Record
ENR may be contacted at enr@enr.com

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Travelers Injury Impact Report Highlights Longer Recovery Times Amid Declining Injury Rates

May 05, 2026 — The Travelers Companies, Inc.
HARTFORD, Conn.--(BUSINESS WIRE)--The Travelers Companies, Inc. (NYSE: TRV) today released its 2026 Injury Impact Report, an analysis of more than 1.2 million workers compensation claims received by the company from 2021 through 2025. The report finds that even as workplace injury rates decline, the injuries that do occur are growing more complex and taking longer to heal – a trend driven by an aging workforce and the disproportionate vulnerability of first-year employees. “The decrease in workplace injuries is a positive story, yet injured workers are still missing an average of 80 workdays,” said Claude Howard, Vice President of Workers Compensation Claim at Travelers. “This report is a reminder that progress doesn’t mean the risk environment requires any less attention, and an employer’s commitment to safety must keep pace with an ever-evolving workforce and injury landscape.” Read the full story...
Reprinted courtesy of The Travelers Companies, Inc.

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Court Conditionally Grants Mandamus Relief to Compel Appraisal

February 02, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The court conditionally granted the insurer’s writ of mandamus to compel an appraisal after the trial court denied the insurer’s motion to compel appraisal. In re Am. Zurich Ins. Co., 2025 Tex. App. LEXIS 8932 (Tex. Ct. App. Nov. 20, 2025). The insureds, Jay Steinfeld and Barbara Winthrop (Steinfeld) ,hired Southhampton Group to build their home. Construction began in 2021. Southhampton Group obtained a builder’s risk policy from Zurich which named Steinfeld as an additional insured. Shortly before completion of the home, Sheet Metal Crafts, a subcontractor working on the home’s roof, caused a fire that substantially damaged the home. 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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Texas Court Revives Construction Defect Claims: Key Lessons for Managing Latent Defect Risk

January 21, 2026 — Spencer E. Dunn & Melissa Osio Martinez - Wood Smith Henning Berman
Construction projects often involve intricate designs, multiple stakeholders, and complex performance obligations. When problems surface years after completion, parties must navigate a difficult landscape that blends contract law, tort doctrines, and statutory deadlines. A recent decision from the Fourth Court of Appeals of Texas provides meaningful guidance on how courts will evaluate latent construction defect claims, the applicability of the discovery rule, and the limits of the economic loss doctrine. In Morningside Ministries v. Koontz McCombs Construction, Ltd., the court reversed summary judgment entered in favor of the general contractor and project manager, reviving the owner's claims and offering important lessons for owners, contractors, and insurers facing construction defect disputes. Background of the Dispute Morningside Ministries operates senior living communities across Texas. In 2012, It contracted with Koontz McCombs Construction, Ltd. (Koontz) to construct The Overlook, a significant expansion of Morningside's Menger Springs campus in Boerne. The contract required Koontz to build 100 new senior living units along with common areas and site improvements, and placed responsibility for construction quality, including the work of subcontractors, on Koontz. Reprinted courtesy of Spencer E. Dunn, Wood Smith Henning Berman and Melissa Osio Martinez, Wood Smith Henning Berman Mr. Dunn may be contacted at sdunn@wshblaw.com Ms. Martinez may be contacted at mosiomartinez@wshblaw.com Read the full story...

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New York Moves to Tighten Third-Party Practice: Key Changes to CPLR 1007

March 31, 2026 — Sophia L. Cahill - Sheppard
Effective April 18, 2026, the New York Legislature enacted the Avoiding Vexatious Overuse of Impleading to Delay (“AVOID”) Act, amending CPLR 1007—the statute that governs third-party practice. The amendment sharply limits when and how defendants can commence third-party actions, curbing the expansive discretion they previously enjoyed and targeting the late-stage impleaders that often upend case schedules. What Changes Before the AVOID Act was signed into law on December 19, 2025 (and subsequently modified by Chapter Amendments A9502 and S8809, signed by Governor Hochul on February 13, 2026[1]), CPLR 1007 gave defendants broad latitude to implead “any person who is or may be liable” for all or part of the plaintiff’s claim. CPLR 1007 specified no outside time limit for the initiation of a third-party claim; courts assessed only whether a defendant’s delay was undue—such as impleading months after the note of issue—and whether the plaintiff would suffer prejudice if the third-party action were not severed. Read the full story...
Reprinted courtesy of Sophia L. Cahill, Sheppard
Ms. Cahill may be contacted at scahill@sheppard.com

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