Important Environmental Insurance Ruling Issued In Protracted Insurance-Coverage Dispute

3 dimensional green globes

The latest ruling in the environmental insurance case, Olin Corp. v. Lamorak Ins., was released on April 18, 2018.

May 16, 2018
Anthony B. Cavender - Gravel2Gavel Construction & Real Estate Law Blog

The latest ruling in the long-running environmental insurance case, Olin Corporation v. Lamorak Ins. Co., was released on April 18, 2018, by Judge Rakoff of the U.S. District Court of the Northern District of New York. Judge Rakoff granted motions for summary judgment filed by Olin Corporation (Olin) and The London Market Insurers, and awarded Olin $55M for its claims against Lamorak Insurance Company (Lamorak).

As Judge Rakoff notes, “the overall litigation, having already outlived two federal judges, is now before the unlucky undersigned.” This ruling is in response to the Second Circuit’s most recent decision in Olin Corp. v. OneBeacon Americans Ins. Co.

Mr. Cavender may be contacted at

Insurer Must Defend Claims of Faulty Workmanship That Damage Another's Work

May 16, 2018
Tred R. Eyerly - Insurance Law Hawaii

The Nebraska Court of Appeals ruled that the insurer must defend claims of faulty workmanship causing property damage to something other than the insured's work product. Grinnell Mut. Reinsurance Co. v. Fisher, 2018 Neb. App. LEXIS 47 (Neb. Ct. App. March 13, 2018).

Mr. Eyerly may be contacted at

Does the Miller Act Trump Subcontract Dispute Provisions?

Two men at table with contracts in front of them.

The Miller Act is a requirement for doing business with the federal government.

May 16, 2018
Christopher M. Horton - Smith Currie

All general contractors performing public building or public works contracts with the federal government must be familiar with the Miller Act. It is a requirement for doing business with the federal government. Pursuant to the Miller Act, a general contractor entering into a public building or public works contract with the federal government must furnish a payment bond in an amount equal to the contract price, unless the contracting officer determines that it is impractical to obtain a bond in that amount and specifies an alternative bond amount.

Miller Act payment bonds guarantee payment to certain subcontractors and suppliers supplying labor and materials to contractors or subcontractors engaged in the construction. As a result, subcontractors have an avenue of relief should they not get paid for work done on the project. Specifically, subcontractors have a right to bring an action against the surety within 90-days after the date on which the person did or performed the last labor or furnished or supplied the last of material for which the claim is made. Any such action must be brought no later than one year after the date on which the person did or performed the last labor or furnished or supplied the last of material. 40 United States Code § 3133.

Mr. Horton may be contacted at

Impaired Property Exclusion Bars Coverage When Loose Bolt Interferes with MRI Unit Operation

Bolt and screw on metal background

Coverage barred due to insured's failure to tighten a loose bolt that resulted in stray magnetic fields interfering with MRI machine operation.

May 16, 2018
Christopher Kendrick & Valerie A. Moore - Haight Brown & Bonesteel, LLP

In All Green Electric v. Security National Ins. Co. (No. B279456, filed 3/19/18, ord. pub. 4/17/18), a California appeals court ruled that the impaired property exclusion barred coverage for a claim based on the insured’s failure to tighten a loose bolt that resulted in stray magnetic fields interfering with operation of an MRI machine and allegedly threatening the health of personnel.

All Green was an electrical contractor hired to perform wiring for an MRI unit installation. Stray magnetic fields interfered with the unit’s operation. Efforts to remediate the problem included installing shielding and ultimately relocating the unit to another room. An expert finally determined that a bolt left loose by All Green was causing the magnetic field, which disappeared when the bolt was properly tightened. The facility sought damages for negligence, including costs for unnecessary modifications and repairs, payments to outside sources for substitute mammography testing, operational costs and expenses, damage to reputation, lost profits, and the loss of an HMO contract.

Reprinted courtesy of Christopher Kendrick, Haight Brown & Bonesteel LLP and Valerie A. Moore, Haight Brown & Bonesteel LLP
Mr. Kendrick may be contacted at
Ms. Moore may be contacted at

The Evolution of Construction Defect Trends at West Coast Casualty Seminar


Since 1993, West Coast Casualty’s Construction Defect Seminar has provided a venue for discussion and education unlike any other in the industry.

May 3, 2018
Don MacGregor - Bert L. Howe & Associates, Inc.

Twenty-five years ago. 1993. On January 23rd, Bill Clinton was sworn in as the 42nd President of the United States. The average cost of a gallon of gasoline was $1.16, a movie ticket cost $4.00, and the average cost of a new home was $113,200.00.

1993 also marked the first of what would be a quarter century of annual seminars hosted by West Coast Casualty Service, and provided to the combined professionals within the construction defect community. As the seminar has grown both in attendance and prominence within this community under the watchful stewardship of David and Coral Stern, much has changed both with regard to the content of the seminar and the climate within which it was presented. A quick look at the topics addressed over the past 25 years of the Construction Defect Seminar provides one with a veritable history of construction defect litigation and insurance coverage trends across the United States and beyond.

While the first seminar was hosted in 1993, my first attendance didn’t occur until 1999, and the first time I was honored to be a panelist would have to wait until 2007. In the subsequent years, I’ve had the opportunity to sit on panels an additional three times, and each one I gained rare and valuable insights into the construction defect community, its willingness to challenge itself, and the amazing professionals we all have the distinct pleasure of working with every day (and whom we sometimes take too much for granted).

In the mid to late 90’s, topics at the seminar included such subjects as the Montrose Chemical Corp v. Superior Court decision (Montrose) regarding a carrier’s duty to defend and the subsequent Stonewall Insurance case that examined the duty to indemnify in the context of construction defect claims. The California Calderon Act of 1997, laying out the roadmap for HOA’s filing construction defect lawsuits was also a topic of discussion and debate within the West Coast “arena.”

The new millennium saw the landmark Aas v. William Lyon decision, which disallowed negligence claims for construction defects in the absence of actual resultant damage. This was followed by Presley Homes v. American States Insurance wherein the court ruled that a duty to defend applies where there is mere potential for coverage and the duty to defend applies to the entire action. Each of these bellwether decisions was addressed contemporaneously by panels at the West Coast seminar, contemporaneously bringing additional dialog to the CD community, from within the community.

2002 brought what has become the defining legislation in California regarding construction defect litigation and a builder’s right to repair. Senate Bill 800 (SB800), and its subsequent codification as Title 7, Part 2 of Division 2 of the California Civil Code, Sections 895 through 945.5 would become the defining framework for similar legislation across the United States. During the course of its drafting, movement through the legislature, and final adoption in January of 1993, many of the questions raised and debated in committees in Sacramento, had already been and were continuing to be addressed by panelists at the West Coast Seminar. How does SB800 work with Calderon? How does it affect the prior Aas decision? What now constitutes a defect, and what are timeframes established within the complex pre-litigation process? Open the pages of the 2002 – 2004 seminar invitations and you’ll see panels comprised of the finest members of the insurance law and coverage communities addressing those very questions (and more)!

As the first decade of the new century drew to a close, a brief review of the WCC invitations from that period suggests a trend towards programmatic analyses of key themes selected for the seminar. In 2008, my second opportunity as a guest speaker, topics included a review of the state of construction defect litigation in a post-SB 800 environment. Panelists offered retrospective insight into the state of right to repair statutes in multiple states, while others offered a glimpse at where the industry might be headed, as similar legislation was enacted across the country. As always, pertinent court decisions bearing on construction defect, both in California, and elsewhere were given unique perspective and additional clarity by multiple panels of gifted speakers. In 2009, claims and coverage were examined from multiple unique perspectives, including that of plaintiff, the policyholder, and the insurer. Wrap policies and the gaps in due to self-insured retention obligations were examined.

As we rapidly approach the end of the second decade of the 21st Century, West Coast Casualty’s Construction Defect Seminar continues to lead the construction defect community as the premier source for information and peer dialog on all matters relating to construction law, coverage, and emerging trends. In 2017, the Seminar tackled such broad subjects as the role of women in the construction industry, claims management, and risk management, challenges raised by wrap versus non-wrap litigation, and the emergent trend of apartment to condo conversions (and the attendant coverage challenges).

This month, beginning on May 16th at the Disneyland Resort, in Anaheim California, America’s largest Construction Defect event kicks off its 25th Anniversary celebration. As has been every year since 1993, the seminar invitation promises insurance, legal, and industry professionals an exciting and informative array of salient and timely panel topics, as well as a stellar faculty of gifted panelists. If this year’s seminar is anything like the past 25 years, this edition of West Coast Casualty’s Construction Defect Seminar will not only be informative and educational, but also a promise for another 25 years of peerless service to the construction defect community.

25 Years of West Coast Casualty’s Construction Defect Seminar

25th Anniversary gold fireworks

This year marks the 25th Anniversary of West Coast Casualty’s Construction Defect Seminar.

May 3, 2018
Beverley BevenFlorez-CDJ STAFF

For a quarter of a century, West Coast Casualty’s Construction Defect Seminar has been a professional development staple of the construction defect industry. It’s the place where experts, attorneys, mediators, insurance agents, and other industry leaders have gathered to discuss current happenings, take continuing education credits, network with other industry members, and to connect with others. Celebrating its silver anniversary, this year’s seminar continues to be the construction defect community’s must-go-to event.

On May 16th-18th, the seminar will return to the Disneyland Hotel. This issue of Construction Defect Journal will provide you with information about what’s happening in and around the West Coast Casualty Seminar and to commemorate the past.

We hope to see you at this year’s West Coast Casualty’s Construction Defect Seminar. Enjoy!

Beyond the Disneyland Resort: World Class Shopping Experiences

Couple shopping in mall

Orange County offers fantastic shopping experiences from the Outlets at Orange to Fashion Island of Newport Beach.

May 3, 2018
Beverley BevenFlorez-CDJ STAFF

If you don’t want to venture far from the Disneyland Resort, consider heading to the Outlets at Orange. Formerly known as the Block of Orange, this open air shopping center features outlet stores such as Neiman Marcus Last Call, Nordstrom Rack, and Sax Fifth Avenue’s Off Fifth, as well as an AMC movie theater, restaurants, Lucky Strike Bowling Alley, and Dave and Buster’s.

For another local option, head to the Brea Mall, where you can find department stores such as Macy’s and Nordstrom’s and a host of other stores like Apple, Guess, and Tommy Bahama.

For a more exclusive shopping experience, travel to south Orange County's Fashion Island of Newport Beach. Their department stores include Bloomingdale’s, Macy’s, Neiman Marcus’s, and Nordstroms, and the shopping center also contains many boutique shops and eateries.

20 Years of BHA at West Coast Casualty's CD Seminar: Chronicling BHA's Innovative Exhibits

2016 BHA Exhibit at West Coast Casualty Seminar

Built in 2016, Bert L. Howe & Associates, Inc.’s innovative exhibit combines over 15 integrated, high definition, LCD displays to showcase the firm’s capabilities.

May 3, 2018
Beverley BevenFlorez-CDJ STAFF

The Bert L. Howe & Associates, Inc., (BHA) exhibit has been a fixture at West Coast Casualty's Construction Defect Seminar since the mid-1990's. Through the years, BHA has updated their display, but no matter what year, you could count on the BHA exhibit to provide a not-to-be-missed experience.

2008-BHA's sleek, rear projection display includes a screen that promotes the firm's capabilities that can be seen throughout the exhibit hall. This would be one of many innovations BHA has brought to the West Coast Casualty seminar.

2009-With the success of the rear screen projection, BHA adds additional monitors to provide attendees with more information about BHA.

2010-BHA adds an interpretive professional development exhibit targeted to Building Envelope issues allowing adjusters and other non-construction professionals hands on access to the systems and components at the heart of many related such claims.

2011-BHA's Swing for Charity challenge is born.

2012-Always innovating, BHA expands its rear projection and professional development offerings to West Coast attendees.

2013-BHA showcases additional capabilities with a twenty-four foot, custom, convex, immersive video experience.

2014-BHA adds an iPhone display to give a hands-on demonstration of their data collection methods.

2015-BHA's twenty-four foot , custom, convex, immersive video experience was elevated with two additional rear projection screens, reflecting BHA's newest capabilities and services.

2016-BHA dazzles attendees with their new exhibit comprised of more than 15 integrated, high definition, LCD displays. iPads are stationed on tables to conveniently demonstrate BHA's data collection processes.

2017-BHA's Swing for Charity Golf Challenge raised $2,225.00 for the National Coalition for Homeless Veterans and $1,900 for Final Salute.

Beyond the Disneyland Resort: Museums

Museum interior

North Orange County has a number of important museums including Bowers and the Richard Nixon Library.

May 3, 2018
Beverley BevenFlorez-CDJ STAFF

North Orange County has a variety of interesting museums from intimate to extravagant to peruse.

Bowers Museum, located in Santa Ana, has several special exhibitions on display around WCC Seminar: Endurance: The Antarctic Legacy Of Sir Ernest Shackleton And Frank Hurley, American Visionary: John F. Kennedy’s Life And Times, Gemstone Carvings: The Masterworks Of Harold Van Pelt, And First Americans: Tribal Art From North America.

Muzeo, a Museum and Cultural Center located in Anaheim, will be showcasing the Trash Artist Challenge Expo & Exhibition from May 12th -27th, and also has on permanent display Anaheim: A Walk through Local History.

Star Wars and Disney fans will want to make their way to the Hilbert Museum of California Art. In the city of Orange, this museum is located at Chapman University. Two of their many exhibitions include Magical Visions: The Enchanted Worlds Of Eyvind Earle (Disney’s Sleeping Beauty designer) and A New Hope: The Star Wars Art of Robert Bailey.

Learn about American history at the Richard Nixon Library, located in nearby Yorba Linda.

Decades of WCC Seminar at the Disneyland Resort

Senior Couple at Amusement Park

An advantage of attending West Coast Casualty’s Construction Defect Seminar is its Disneyland Resort locale.

May 3, 2018
Beverley BevenFlorez-CDJ STAFF

One of the many perks of attending the West Coast Casualty Construction Defect Seminar each year is its location at the Disneyland Hotel. What better excuse to take an afternoon or day or two to visit the happiest place on Earth? Prior to 2001, attendees only had the Disneyland Park to explore. But the beginning of 2001 brought the addition of the California Adventure Theme Park and Downtown Disney. Now when you want a break you can take a stroll through Downtown Disney and shop, eat, or watch some street performers. While California Adventure still has plenty for children to do, it also caters to the twenty-one-and-over-but-still-child-at heart with wine tasting and craft beers available at the park. Disneyland remains a fixture for nostalgia with the Sleeping Beauty Castle, but has updated itself with its addition of Star Wars and Marvel attractions.

West Coast Casualty has special Disneyland ticket rates for attendees. Please see their invitation for more details.

If you’re interested in one of Disneyland Resort’s sit-down restaurants, a reservation is highly desirable. You may
make your reservation online or call Disney Dining at (714) 781-DINE. Staying at the Disneyland Resort? Disney provides their hotel guests with preferred access reservations (call Disney Dining for more information). If you’re looking for a fine dining experience, you’ll enjoy Carthay Circle Restaurant at California Adventure, Catal Restaurant at Downtown Disney, Napa Rose at the Grand Californian Hotel, or Steakhouse 55 at the Disneyland Hotel. If you’re a sports fan, check out ESPN Zone in Downtown Disney. For a one-of-a-kind Disney experience, have lunch or dinner at the Blue Bayou at Disneyland, where the dining room is located within the Pirates of the Caribbean ride.

You may also want to check Disneyland Resort’s Entertainment schedule. For a live musical show (included in the cost of admission to California Adventure Park), check out Frozen – Live at the Hyperion. For an illuminating experience, you’ll want to stay for the Paint the Night Parade at the California Adventure Park, which features one million brilliant lights and many of your favorite Disney characters. If you’re a Pixar lover, you won’t want to miss Disneyland Park’s Together Forever – A Pixar Nighttime Spectacular. It’s a fireworks display like only Disney can create, including dazzling projections, pyrotechnics and music from the movies.

If you wish to skip the crowds and just relax, then the Madara Spa at Disney’s Grand Californian Hotel may be your choice. The Madara Spa theme is “the mystery of the East meeting the science of the West with boundaries ceasing to exist.”

West Coast Casualty’s Quarter Century of Service

Four hands supporting house sunset background

Since 1993, West Coast Casualty has prioritized raising money for charities at their construction defect seminars.

May 3, 2018
Beverley BevenFlorez-CDJ STAFF

West Coast Casualty's Construction Defect Seminar has been promoting charitable work for the past twenty-five years. Each year, they promote different charities, and provide multiple ways for individuals and companies to contribute. Whether it’s Buy a Banner, Tennis Shoe Thursday, or Flip Flop Friday, industry members are given opportunities to support worthwhile causes.

This year, West Coast Casualty is supporting Hawaii’s Children’s Cancer Foundation , St. Jude Children’s Research Hospital, and Shriners Hospital for Children.

WCC also supports charitable organizations through every award that they present each year. Donations are made in the winner’s name: For Jerrold S. Oliver Award of Excellence awardees, Habitat for Humanity as well as a local California and Nevada charity; For Legend of an Era Award, the designated charity of West Coast Casualty’s Construction Defect Seminar; and for The Larry Syhre Commitment to Service Award, a donation to The Larry Syhre Foundation.

A Sample Itinerary to get the Most out of West Coast Casualty’s Construction Defect Seminar

Pencil resting on schedule

CDJ has provided a daily schedule for West Coast Casualty’s Construction Defect Seminar, Disneyland Resort, and the greater Anaheim area.

May 3, 2018
Beverley BevenFlorez-CDJ STAFF

With so many worthwhile events stretched across three days, as well as wanting to get out and explore the many attractions in Orange County, California, Construction Defect Journal has come up with a sample itinerary that balances work with recreation.

Day One: Wednesday, May 16th
9:00 a.m. – Breakfast at Steakhouse 55 (Disneyland Hotel)
Meet up with colleagues at Disney’s Steakhouse 55 where you will find a more peaceful and upscale venue, perfect for networking or just catching up with friends.

10:00 a.m. - Madara Spa at Disney’s Grand Californian Hotel
With a free morning, this is the perfect time to take advantage of one of the Disneyland Resort’s pools or schedule a massage at the Madara Spa located within the Grand Californian Hotel.

11:30 a.m. – Grab and Go Lunch at The Coffee House (Disneyland Hotel)
Refuel with a salad or sandwich from one of Disneyland Resort’s quick service restaurants.

12:00 p.m. – Seminar Registration and Schwag Hunting
Start heading over to the seminar to register and be one of the first to check out the amazing exhibitors and grab the free items they have to offer. You don’t want to miss BHA’s golf challenge, where if you sink a putt you win a $25 Amazon gift card for yourself and BHA will match the $25 to the worthwhile WCC charities!

1:00 p.m. – Seminar Begins!
The afternoon starts with a not-to-be-missed panel, “Struggles and Successes of the Past 25 Years.” Next, you’ll learn about “Unwrapped and Unraveled - An insightful (or inciteful?) play at the
changing nature of the relationships between the parties in a wrap program who thought the wrap was supposed to take care of everything.”

3:00 p.m. – Afternoon Break
Get a cup of coffee or water, and head out into the exhibit hall. Don’t forget to go to BHA’s booth to enter to win Dodger tickets.

3:30 p.m. – Seminar Panels Continue
The seminar returns with two more amazing panels: “East Coast Meets West Coast –Hot Construction Defect Issues and Coverage Cases from the Other Coast” and “How to Conduct Your Claim Investigation and Early Claims Handling To Avoid Bad Faith Traps.”

6:00 p.m. – Attend an After Party
After taking a few minutes to unwind and freshen up, go and network as well as have some at one of the reception’s thrown by attending firms. No after party? Head over to the Uva Bar at Downtown Disney for a cocktail and some people watching.

8:00 p.m. - Late Dinner at Catal Restaurant (Downtown Disney)
Enjoy a relaxing and sumptuous meal at Catal in Downtown Disney, one of the famed Patina Group’s restaurants.

Day Two: Thursday, May 17th

7:30 a.m. – Breakfast in the Exhibit Hall
Take advantage of West Coast Casualty’s free breakfast, and peruse more exhibits. Check out BHA’s data process collection process and discover meaningful cost improvements that translate to reduced billing while providing superior accuracy and credibility.

8:30 a.m. – Seminar Panels
The seminar returns with more panels you won’t want to miss: “Recent Important Appellate Decisions in California, Nevada, and Arizona” and “Litigating In The Western States - A Judge’s Perspective.”

10:30 a.m. – Morning Break
Grab a cup of coffee or water and chat with your colleagues about the panels you just heard.

10:45 a.m. – Seminar Panel
Another important panel to finish the morning, “Subrogation is not the type of intervention I need. How a subrogated insurer affects construction defect matters.”

11:45 a.m. – Award Presentation
Find out this year’s winners of the Ollie, Legend of the Era and Silver Stars.

12:15 p.m. – WCC Luncheon
Network and chat with your colleagues at one of the meals provided by the seminar.

1:30 p.m. – Seminar Panel
Now that you’ve recharged, you’re ready for another incredible WCC panel: “What Comes Around (Sometimes) Goes Around: Dealing with Recalcitrant Carriers.”

2:30 p.m. – Afternoon Break
Stretch your legs in the exhibit hall and get yourself more schwag. Learn about BHA’s expanding market presence and full range of services in Texas, Florida, and across the Southeast United States.

3:00 p.m. – Seminar Panels Continue
Don’t miss the last two panels of the day: “Effective Use of Experts” and “Claims Managers Speak - A Retrospective & Prospective Discussion.”

5:30 p.m. – Cocktail Reception
With your glass of Cabernet, network with colleagues and then try your hand again at BHA’s golf challenge to win an Amazon gift card and earn money for WCC charities.

6:30 p.m. – Hit the Pool or Jacuzzi
Take those tired feet and soak them in one of the Disneyland Resort’s many pools and jacuzzi’s. Or schedule a spa treatment at Madara in the Grand Californian Hotel.

7:00 p.m. – After Party or Ball Game
Now that you’ve given yourself some time to rejuvenate, you’re ready to meet up with friends and colleagues at one of the after parties and receptions. Or if you’re a sports fan and want a break from work, go cheer on the Angel’s as they play Tampa Bay.

8:30 p.m. – Uva Bar
Unless you chose to go to the game, enjoy a late supper and cocktail under the beautiful southern California sky at the Uva Bar in Downtown Disney.

Day Three: Friday, May 18th
7:30 a.m. – Breakfast at the Seminar
Take advantage of another free meal, and take the time to check out more exhibits as the last day of the seminar begins. Don’t forget to enter BHA’s raffle for Dodger tickets!

8:30 a.m. – Breakout Sessions I
Choose between one of three breakout sessions: “Known Knowns and Known: Unknowns, the Ins and Outs of Extrapolation,” “Risk Transfer Alphabet Soup - A twelve year lookback on legislative tinkering with anti-indemnity statutes - where are we now?” or “Florida – Opening Pandora's Box and How to Close It.”

9:30 a.m. – Breakout Sessions II
Three additional breakout sessions to choose from: “An Update on California’s Right to Repair Act, featuring McMillin Albany et al. v. Superior Court,” “Finding Evidence for your Coverage Case,” or “Northwest Insurance Coverage and Extra-Contractual Issues.”

10:30 a.m. – Morning Break
Refuel with coffee or water before the next group of exciting breakout sessions begins.

11:00 a.m. – Breakout Sessions III
You’ll want to go to one of these three breakout sessions: “Subcontractor Wars: The Last AI,” “Mediating the Luxury Single Family Home Construction Defect Case,” or “Creative Solutions to the Florida Problem: Making No Contribution and No State Law Work for You.”

12:00 p.m. – Breakout Sessions IV and the End of the Seminar
The seminar closes with the last trio of breakout sessions: “Everyone is a Small Player,” “Real World Solutions to the Real Problems Presented By Wrap Up Programs,” or “When Mother Nature Attacks, Are you Covered?”

1:30 p.m. – Lunch at Corn Dog Castle in California Adventure Park OR Hollinghead’s Delicatessen in Orange
If you’re a Disney lover, you’ll want to take advantage of the day by going to one of the Disney Resort Parks, of course. Get one of Disney’s amazing corn dogs at Corn Dog Castle in California Adventure Park.
Or if you would rather explore the greater Anaheim area, then head over to Hollinghead’s Delicatessen for a homemade sandwich and a glass of beer on tap.

3:00 p.m. – Disney Entertainment OR Museum Exploring
If you chose to go to California Adventure, check out the event schedule for the day. Catch the show Frozen – Live at the Hyperion or get a Fastpass for the Radiator Springs Racers and ride Soarin’ Around the World. If you purchased a two-park pass, don’t forget about Space Mountain or Star Tours located in the Disneyland Park.
North Orange county has many interesting museums. Head to the Bowers Museum in Santa Ana or the Muzeo in Anaheim.

7:00 p.m. – Dinner at the Blue Bayou Restaurant OR the Summit House Restaurant
Have a one-of-a-kind eating experience at the Blue Bayou in Disneyland Park. Enjoy a dinner in the midst of the Pirates of the Caribbean ride! If you wish to remain in the California Adventure Park, try an alfresco dinner at Wine Country Trattoria or an indoor, upscale meal at Carthay Circle.
After an afternoon perusing museums, enjoy a truly superb meal with attentive service at one of Anaheim’s premier restaurants, Summit House. Feeling like having some fun rather than a sedate meal? Head over to the House of Blues in Anaheim for their Party Like It’s 1999! A Prince Tribute Party.

8:30 p.m. – Paint the Night Parade/Together Forever OR The Blind Rabbit Speakeasy
Head over to watch the Paint the Night Parade at the California Adventure Park or the fireworks display, Together Forever — A Pixar Nighttime Spectacular at the Disneyland Park. Be sure to check out the daily event schedule for up to date information.
End your evening at Anaheim’s only speakeasy, the Blind Rabbit, located in the Anaheim Meat Packing district. Be sure to check out their “rules” and reserve a table at this popular spot.

Beyond the Disneyland Resort: Special Events

Shadow of crowd dancing

May in Anaheim has plenty of special events including Angel’s baseball and music concerts.

May 3, 2018
Beverley BevenFlorez-CDJ STAFF

Want to exchange your mouse ears for a baseball cap? The Los Angeles Angels of Anaheim are home May 13th through the 20th. See the Angels play Houston on the 16th or Tampa Bay on the 17th or 18th.

The House of Blues of Anaheim has moved out of Downtown Disney. Concerts you may want to attend there include VHS Collection on 5/16 at 7pm, Party Like It’s 1999! A Prince Tribute Party at 7pm on 5/18 or Life of Agony also at 5/18 at 7pm. If you’re still in town on Saturday, 5/19, you can check out School of Rock Tustin at 10am.

Soulfly & Nile will be playing at the City National Grove of Anaheim on Friday, 5/18 at 6:30pm.

BHA Has a Nice Swing

Group holding oversized BHA donation check presented at WCC Seminar

Bert L. Howe & Associates, Inc.’s Swing for Charity golf challenge check presented to West Coast Casualty at the close of the construction defect seminar.

May 3, 2018
Beverley BevenFlorez-CDJ STAFF

Bert L. Howe & Associates, Inc., (BHA) raises thousands of dollars each year with their Sink a Putt for Charity campaign. This year, participant’s efforts on the green will help benefit three cancer fighting institutions that are dedicated to treating and eradicating children’s cancer: Hawaii’s Children’s Cancer Foundation, St. Jude Children’s Research Hospital, and Shriners Hospital for Children. As in the past, attendees can participate for free in the BHA golf challenge and win a $25 Amazon gift card, and for every successful putt made, BHA will make a $25 cash donation in the golfer’s name to be distributed equally between each worthy organization.

While at the booth, don’t forget to test out BHA’s industry leading data collection and inspection analysis systems. BHA’s data collection process includes video overviews as well as next-day viewing of inspection data via their secured BHA Client Access Portal. Discover meaningful cost improvements that translate to reduced billing while providing superior accuracy and credibility. Also learn about BHA’s expanding market presence and full range of services in Texas, Florida, and across the Southeast United States.

Attendees can also enter to win Dodger baseball tickets! Other BHA giveaways include LED flashlights, tape measures, multi-tools and stress balls.

For more information on these worthwhile charities or to make a donation directly, please visit their websites:
Hawaii’s Children’s Cancer Foundation , St. Jude Children’s Research Hospital, and Shriners Hospital for Children.

Read the full story, Bert L. Howe & Associates, Inc....

An Era of Legends

Trophy on Hilltop Green Background

West Coast Casualty’s newest award, the Legend of an Era, is awarded to individuals who influence the construction defect community for its betterment.

May 3, 2018
Beverley BevenFlorez-CDJ STAFF

In 2010, West Coast Casualty’s Construction Defect Seminar added a new award: The Legend of an Era. West Coast Casualty recognizes “those in the construction defect community who inspire, contribute, advocate and influence others for the benefit and betterment of this community, making it a better place.”

They define Legend as “One that inspires or achieves legendary fame based upon ones own achievement(s) which promises to be enduring” and Era, as “A fixed point of time from which a series of years is reckoned and an order of things prevail.”

This annual award is presented at the West Coast Casualty Construction Defect Seminar.

Beyond the Disneyland Resort: Dining

Interior of a restaurant

Anaheim, and surrounding cities, contain a variety of superb restaurants for every palate.

May 3, 2018
Beverley BevenFlorez-CDJ STAFF

For fine dining experiences outside of the Disneyland Resort, try Summit House Restaurant or the Anaheim White House Italian Steak House .

A more unusual and upscale restaurant, try The Hobbit in nearby Orange, California. They offer a seven-course, prix-fixe menu by reservation only. It’s a four-hour dining experience that begins in their Wine Cellar, then guests are taken to their tables in the dining room. Next, is an intermission where guests are encouraged to relax on the patios or visit the kitchen to chat with the chef. Guests then return to their table to finish their entrees and dessert.

If you’d rather spend your time in a unique lounge or bar, try the Blind Rabbit, which calls itself Orange County’s speak easy. Located in the Anaheim Packing District, the Blind Rabbit’s tables are all reserved after 5pm, and you might want to brush up on their list of rules prior to visiting.

For something casual, try Hollinghead’s Delicatessen in Orange, where you can purchase hand crafted sandwiches and beers.

A Look Back at the Ollies

Trophy on Grass

The Ollie is presented to an individual who has contributed to the betterment of the construction defect community.

May 3, 2018
Beverley BevenFlorez-CDJ STAFF

The Jerrold S. Oliver Award of Excellence, also known as the “Ollie” award, is presented to “an individual who is outstanding or has contributed to the betterment of the construction defect community.” West Coast Casualty asks members of the construction defect community to nominate those they feel are deserving of the award, and then members vote for one of four nominees. The award is presented at the West Coast Casualty Seminar. Those recognized receive a plaque and a donation in the winner’s name to Habitat for Humanity as well as a local California and Nevada charity.

Jerrold S. Oliver was a “’founding father’ in the alternate resolution process in construction defect claims and litigation. His loyalty and commitment to this community were beyond mere words as he was a true believer in the process of resolution.”

Past Award Winners:
1996 - Awarded to Ross R. Hart, Esq. (Mediator - American Arbitration Assoc.)
1997 - Awarded to Merv Thompson, Esq. (Mediator in private practice)
1999 - Awarded to Tom Craigo, (Adjuster - C.N.A. Insurance Company)
2000 - Awarded to Kristi Cole, (Adjuster - Safeco Insurance Company)
2001 - Awarded to Karen Rice, (Claims Manager - ACE / USA)
2002 - Awarded to Stephen Henning, Esq. (Wood, Smith, Henning and Berman, LLP)
2003 - Awarded to Ross Feinberg, Esq. (Feldscott, Lee, Feinberg, Grant and Mayfield LLP)
2004 - Awarded to Janet Shipes (Adjuster – C.N.A. Insurance Company)
2005 - Awarded to Edward Martinet (Expert – MC Consultants)
2006 - Awarded to Hon. Victoria V. Chaney (Judge – Los Angeles Superior Court)
2007 - Awarded to Bruce Edwards, Esq. (Mediator) JAMS
2008 - Awarded to Gerald Kurland, Esq. (Mediator) JAMS
2009 - Awarded to Keith Koeller, Esq. (Koeller, Nebecker, Carlson and Haluck, LLP)
2010 - Awarded to Terry Wolcott – (Construction Defect Manager – Travelers Ins. Co.)
2011 - Awarded to George Calkins, Esq. (Mediator) JAMS
2012 - Awarded to Joyia Greenfield, Esq. (Lorber, Greenfield and Polito, LLP)
2013 - Awarded to Margee Luper (Claim Manager – XL Insurance Group)
2014 - Awarded to Matt Liedle, Esq. (Liedle, Lounsbery, Larson & Lidl, LLP)
2015 - Awarded to Robert A. Bellagamba, Esq. (Special Master/Mediator, Castle & Dekker)
2016 - Awarded to Lisa Unger, (Senior Claims Examiner, Global Management Liability Markel)
2017 - Awarded to Caryn Siebert, (Vice President, Claims, Knight Insurance Group)

House FAA Bill Moves Up on the Runway

May 3, 2018
Tom Ichniowski - Engineering News-Record

A bill to extend the Federal Aviation Administration programs, including the agency’s airport infrastructure grants, through 2023 has cleared an important hurdle with overwhelming approval by the House. Construction officials are focusing intently on the legislation because it is one of the few major infrastructure measures with a chance of enactment this year.

Mr. Ichniowski may be contacted at

U.S. Existing-Home Sales Rise as Properties Draw Quick Bids

May 3, 2018
Katia Dmitrieva - Bloomberg

Sales of previously owned U.S. homes rose to a four-month high as buyers, fueled by a solid job market and and tax cuts, quickly snapped up the limited number of available properties, National Association of Realtors data showed Monday.

Coverage Case for Construction Defects Transferred to Hawaii

May 3, 2018
Tred R. Eyerly - Insurance Law Hawaii

The federal district court for the Northern District of California determined the proper forum for a coverage case was Hawaii, not California. Navigators Specialty Inc Co. v. Kapiolani Residential, LLC, 2018 U.S. Dist. LEXIS 47770 (N.D. Cal. March 22, 2018).

Mr. Eyerly may be contacted at


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BHA Construction Claims Capability

Drawing from experience gained through more than 5,000 expert designations, the Expert Group at Bert L. Howe & Associates, Inc., handles a wide variety of construction defect and claims matters.

2018 West Coast Casualty Construction Defect Seminar

The 25th annual West Coast Casualty Seminar at the Disneyland Hotel brings together those in the construction defect industry to learn, discuss current trends, and catch up with colleagues.

2018 West Coast Casualty Construction Defect Seminar

The 25th annual West Coast Casualty Seminar at the Disneyland Hotel brings together those in the construction defect industry to learn, discuss current trends, and catch up with colleagues.

Massive Fire Destroys Two Buildings at Construction Site

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In response to Hurricane Sandy, a massive barrier is being built along the southern end of Manhattan.

New Approaches to Housing Construction

Harvard GSD presents a panel discussing how to reduce the cost of housing in the United States.

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