Navigating Turbulent Waters Ashore: Insurance Lessons from a Navy Project Dispute
February 02, 2026 —
Cary D. Steklof & Torrye Zullo - Hunton Insurance Recovery BlogAs 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...
Newark Team Obtains Appellate Ruling Affirming Summary Judgment for Lawyer and Firm in Professional Negligence Lawsuit
April 14, 2026 —
Lewis Brisbois NewsroomNewark Partner Meredith Kaplan Stoma and Associate Anthony Doss recently secured a decision from the New Jersey Superior Court, Appellate Division, affirming summary judgment for their clients, a lawyer and her firm, in a lawsuit alleging professional negligence in connection with the administration of a commercial loan.
The circumstances giving rise to the lawsuit date back to September 2020, when the plaintiff was approached by members of a real estate investment company regarding a short-term loan opportunity whereby he would loan the company $200,000.
The company provided the plaintiff with a “bridge loan package,” which stated that the requested funds would be held in the escrow account of their counsel and her firm (Lewis Brisbois’ clients), and returned to him with interest within six months once the company was “capitalized” by a senior lender. The company subsequently prepared two notes, each for $100,000, in connection with the agreement.
Read the full story...Reprinted courtesy of
Lewis Brisbois
How to Properly Fill Out and Use the Unconditional Waiver and Release on Progress Payment Form Used in California Construction
December 22, 2025 —
William L. Porter - Porter Law GroupThis is the Second article in a series of four articles discussing how to properly fill out the four California construction releases described in California Civil Code 8132 – 8138.
Let me start by noting that in addition to practicing construction law for more than 35 years, I chaired the committee of California construction attorneys who revised those sections of the California Civil Code dealing with this release form and many other construction forms as part of Senate Bill 189 in 2010. I also wrote the first version of this release form and made it free to the public well before the new law took effect in 2012. With this background, let me note a few things about the Unconditional Waiver and Release on Progress Payment form to help you avoid mistakes that might prevent you from achieving the intended effect of the form or releasing claim rights to a greater extent than you intend.
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William L. Porter, Porter Law GroupMr. Porter may be contacted at
bporter@porterlaw.com
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
Higgins, Hopkins, McLain & Roswell Attorneys Recognized in the 2026 Edition of The Best Lawyers in America®
December 02, 2025 —
David McLain - Colorado Construction Litigation BlogHiggins, Hopkins, McLain & Roswell, LLC is proud to announce that Lisa Bondy Dunn and David M. McLain have been recognized in the 2026 edition of The Best Lawyers in America® for their excellence in construction law and litigation.
Lisa Dunn was recognized for Litigation - Construction, marking her first year on this prestigious list, while Dave McLain was recognized for both Construction Law and Litigation - Construction, continuing his inclusion in Best Lawyers since 2021.
Read the full story...Reprinted courtesy of
David McLain, Higgins, Hopkins, McLain & Roswell, LLCMr. McLain may be contacted at
mclain@hhmrlaw.com
Second Circuit Revives Policyholder’s Negligence Claim Against Agent
December 08, 2025 —
Latosha M. Ellis, Geoffrey B. Fehling & Yosef Itkin - Hunton Insurance Recovery BlogFrom insurance agents and wholesalers to risk consultants and policyholders, there are many parties involved in commercial insurance transactions. While each has an important part to play, the policyholder-agent relationship is particularly important to ensure both sides understand their respective roles and obligations when an agent assists in obtaining coverage.
The Second Circuit Court of Appeals recently provided important guidance under New York law about the scope of an insurance agent’s responsibilities, particularly when an agent, at a policyholder’s request, expressly takes on tasks beyond simply procuring coverage. The decision underscores that an agent’s obligations can extend beyond standard procurement duties by express agreement, though the outcome could differ under the law of another jurisdiction.
Reprinted courtesy of
Latosha M. Ellis, Hunton Andrews Kurth LLP,
Geoffrey B. Fehling, Hunton Andrews Kurth LLP and
Yosef Itkin, Hunton Andrews Kurth LLP
Ms. Ellis may be contacted at lellis@hunton.com
Mr. Fehling may be contacted at gfehling@hunton.com
Mr. Itkin may be contacted at yitkin@hunton.com
Read the full story...
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.
Subrogation Insight: Expert Testimony Admissible Despite Post-Loss Repairs
December 30, 2025 —
Gus Sara - The Subrogation StrategistIn Ghaznavi v. Arby Constr., Inc., No. 14-24-00213-CV, 2025 Tex. App. LEXIS 839, the Court of Appeals of Texas (Court of Appeals) considered whether the trial court properly excluded the plaintiffs’, Kambiz Moavenzadeh Ghaznavi and Anahita Nokkonejad (collectively, the Ghaznavis), liability expert. The case arose from a fire at the Ghaznavis’ residence. The trial court held that because the Ghaznavis’ expert did not physically inspect certain fire damaged areas before they were repaired, the expert’s testimony was unreliable and thus inadmissible. The Court of Appeals reversed the lower court’s ruling, finding that the expert’s review of photographs of the repaired areas and his testimony explaining his opinions were sufficient to survive summary judgment.
In this case, the Ghaznavis’ hired the defendant, Arby Construction Inc. d/b/a National Residential Services (Arby Constr.), to install new tiling in a corridor inside their home. The corridor was adjacent to the garage. While Arby Constr. was performing the work, the Ghaznavis asked the defendant to fix an outlet inside the garage that was not working. Arby Constr. installed a new wire that connected the outlet to the garage door opener at the ceiling of the garage. Less than 2 months later, a fire occurred in the garage area. The fire marshal placed the origin of the fire in the ceiling of the corridor adjacent to the garage. The fire marshal’s report stated that “faulty wiring in the corridor behind the garage” caused the fire.
Read the full story...Reprinted courtesy of
Gus Sara, White and WilliamsMr. Sara may be contacted at
sarag@whiteandwilliams.com
