Court Compels Appraisal Although Coverage Issues Exist
February 17, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe California federal district court granted the insured’s motion to compel appraisal despite the existence of outstanding coverage issues. K4 Dev. LLC v. ACE Am. Ins. Co., et al., 2025 U.S. Dist. LEXIS 211337 (C.D. Cal. Oct. 6. 2025).
The insured owned hotel property. It was insured by ACE while the hotel was under construction. During construction, the hotel suffered rainwater damage due to incomplete roofing systems. The water damaged the interior finishes and furnishings from the 6th floor down to the basement, including 32 guestrooms.
The insured’s experts determined that the covered water losses delayed the hotel’s opening by 144 days. The insured submitted a claim for the water damage, covered claim expenses, and delay in opening losses. ACE denied the claim for delay in opening losses, stating that its expert determined the Water Events did not delay the hotel’s opening. ACE, however, did pay for the repair damage caused by the Water Events.
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Seven Kahana Feld Attorneys Selected to 2025 New York Metro Super Lawyers Lists
November 18, 2025 —
Eva Paulson - Kahana FeldNEW YORK - Oct. 30, 2025 - Kahana Feld is pleased to announce that
Tim Capowski was included in the 2025 edition of New York Metro Super Lawyers and
Sean Harriton,
Rachael Marvin,
Sarah Pavlini,
Mariah Smith,
Christopher Theobalt, and
Sofya Uvaydov were included in New York Metro Rising Stars.
2025 New York Metro Super Lawyers
Tim Capowski was awarded for his work in Appellate Law. Capowski is a partner at Kahana Feld and chair of the firm’s National Appellate Litigation & Consulting Group. He has spent the better part of three decades at the forefront of the insurance defense bar. He has litigated hundreds of appeals and thousands of motions in state and federal and appellate courts throughout New York and around the country. He handles a variety of complex litigation including catastrophic property and casualty claims, construction defect, professional liability, labor and employment law, mass torts, insurance coverage, and more.
Read the full story...Reprinted courtesy of
Eva Paulson, Kahana FeldMs. Paulson may be contacted at
epaulson@kahanafeld.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...
Environmental Due Diligence - What's The Hold Up?
November 18, 2025 —
W. Tyler Lloyd - The Dispute ResolverConstruction projects do not occur overnight. Regardless of project size, projects take anywhere from months to years to design, build, and complete. Perhaps one portion of the construction project that is always subject to criticism, particularly on large infrastructure projects, is environmental review and the applicability of environmental laws, requiring specific environmental thresholds, and the National Environmental Policy Act (“NEPA”). Contractors are well aware of the timeline and potential impacts that NEPA review might have on a project, and many contractors and national groups have expressed a desire to ensure that NEPA does not interfere with or altogether block the deployment of large infrastructure projects.
On federal funded or assisted projects, contractors must comply with strict environmental oversight because the project is tied to federal funding or federal agency accountability. Contractors must also comply with environmental and sustainability mandates under the Federal Acquisition Regulation (“FAR”). The FAR requires federal construction project contracts to include clauses concerning hazardous materials, emergency planning, waste reduction, environmental management systems, and greenhouse gas disclosures.
Read the full story...Reprinted courtesy of
W. Tyler Lloyd, Stites and Harbison, PLLCMr. Lloyd may be contacted at
tlloyd@stites.com
Exclusion Bars Coverage For Cosmetic Hail Damage to Roof
January 13, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe federal district court granted the insurer’s motion for summary judgment, finding there was no coverage for hail damage due to an exclusion for cosmetic hail damage. Cannon Falls Area Schools v Hanover Am. Ins. Co., 2025 U.S. Dist. LEXIS 206792 (D. Minn. Oct. 21, 2025).
On April 22, 2022, a hailstorm and high winds damaged the insured School’s buildings. The School’s buildings had metal roofs. The parties agreed that the hailstorm caused indentations to the roofs, but did not puncture the metal on the roofs. Since the storm, the roofs had not leaked.
The School submitted a claim for property damage to its insurer, Hanover. A portion of the claim for damage to the HVAC equipment was paid. The remainder of the claim was denied based on the policy’s Cosmetic Damage Exclusion which excluded coverage for cosmetic damage to roof surfacing caused by wind or hail.
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Ninth Circuit Issues Injunction Halting SB 261 Climate Disclosure Laws
December 22, 2025 —
Michael S. McDonough & Karen Eskander - Gravel2Gavel Construction & Real Estate Law BlogOn November 18, 2025, the U.S. Court of Appeals for the Ninth Circuit issued an
injunction temporarily halting the implementation of California’s SB 261, the Climate-Related Financial Risk Act, just weeks before the law’s first mandated disclosures on January 1, 2026. The court declined to stay California’s companion climate emissions disclosure bill, the Climate Corporate Data Accountability Act (SB 253), due to that bill’s less immediately pressing compliance deadline of August 2026.
Background on California Climate Disclosure Laws
As we have discussed in
previous posts, California enacted two comprehensive climate disclosure laws in 2023. The
Climate Corporate Data Accountability Act (SB 253) and the
Climate-Related Financial Risk Act (SB 261) impose greenhouse gas emissions and climate-related financial risk reporting requirements that apply to thousands of public and private companies formed under U.S. law and “doing business in California.” The California Air Resources Board (CARB) has released a preliminary list of companies it believes may be subject to the state’s new climate disclosure regime.
Reprinted courtesy of
Michael S. McDonough, Pillsbury and
Karen Eskander, Pillsbury
Mr. McDonough may be contacted at michael.mcdonough@pillsburylaw.com
Ms. Eskander may be contacted at karen.eskander@pillsburylaw.com
Read the full story...
No Cross-Complaint Needed: Contractor Can Fight Co-Defendant’s Summary Judgment
October 21, 2025 —
Keith E. Smith - Wood Smith Henning & Berman LLPIn a decision of first impression, the California Court of Appeal in RND Contractors, Inc. v. WRSE (2025) 112 Cal.App.5th 697, clarified whether a co-defendant may oppose another defendant's motion for summary judgment without having first filed a cross-complaint. The case arose from the collapse of a high school gymnasium during construction, leading to negligence, wrongful death, and premises liability claims against the project participants. The court held that "any adverse party" may oppose another party's motion for summary judgment, even if the Plaintiff does not oppose the motion and there is no cross-complaint filed by the co-defendant opposing summary judgment.
This ruling resolves a novel procedural question which had not been addressed by any Court of Appeal in California to date.
Read the full story...Reprinted courtesy of
Keith E. Smith, Wood Smith Henning & Berman LLPMr. Smith may be contacted at
kesmith@wshblaw.com
The AVOID Act: A New Timeline for Liability in New York Construction Projects
February 23, 2026 —
Meghan Douris - The Construction SeytBy April 18, 2026, New York construction litigation will operate on a faster—and far less forgivin
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