Source: http://www.paloaltoonline.com, September 17, 2014 By: Gennady Sheyner City launches legal proceedings against Flintco Pacific after years of delays, errors Palo Alto is seeking more than $9 million from a contractor that the city deems primarily responsible for the botched reconstruction of the Mitchell Park Library and Community Center. The City Council on Monday authorized […]

Source: Dow Jones News Service, September 15, 2014 Posted on: http://fpn.advisen.com Natural gas is contaminating some aquifers not from hydraulic fracturing but from faulty well preparation, according to a new paper. Poorly built and cemented gas wells, rather than fracking itself, have allowed contaminants to flow into shallow drinking-water sources, according to a report published […]

Source: http://www.nj.com, September 15, 2014 By: S.P. Sullivan The state moved closer to ending more than eight years of litigation over toxic pollution in the Passaic River with the announcement of a $190 million settlement agreement with the Occidental Chemical Co. on Monday. The agreement amounts to the largest single settlement reached between the state […]

Source: http://www.desmoinesregister.com, September 15, 2014 By: Christopher Platt The West Des Moines school district has reached a $2 million settlement with contractors who worked on a renovation at Hillside Elementary School in 2004. The district says windows at the school, 713 Eighth St. in West Des Moines, leaked for years. In 2012, students were moved […]

Source: http://www.jdsupra.com, September 11, 2014 By: Jonathan Ettiger, Foley Hoag LLP A Massachusetts company learned the hard way that you need to pay close attention to policy endorsements when you negotiate them. In Market Forge Industries, Inc. v. Indian Harbor Insurance Company, the Appeals Court of Massachusetts held, in an unpublished decision, that a Pollution […]

Source: http://sbnewspaper.com, September 9, 2014 By: Jacob Lopez Harlingen-based Cruz-Hogan Consultants, one of several firms named as a defendant in a lawsuit claiming deficiencies associated with a $17 million water treatment plant it was contracted to design, has alleged in a statement that the San Benito City Commission is being “mislead” by City Manager Manuel […]

Source: http://www.lexology.com, September 3, 2014 By: Donald A. O’Brien, Hinshaw & Culbertson LLP Dormitory Authority of the State of New York v. Continental Casualty Company, Docket Nos. 13-1671(L), 13-1700(XAP) United States Court of Appeals, Second Circuit (June 23, 2014) The Dormitory Authority of the State of New York (DASNY) contracted with an architectural firm to […]

Working with our broker partner on a heavy highway project, New Day structured two separate project Contractor’s Protective Professional Indemnity (CPPI) programs with one of our carrier partners.  Forced with the possibility of having to purchase project professional liability for the design professionals, the insured sought out alternatives where they could control the program by […]

Working side by side with our retail broker partner New Day was asked to participate in a competitive situation for insurance services for a large construction firm.  While our retail broker partner brought the expertise on all other lines of insurance, New Day brought its expertise in the areas of construction-related professional liability and environmental […]

Working with our broker partner, New Day structured a $10 million/$10 million Contractors Pollution Liability program for an $800,000,000 contractor.  The $150,000 premium was minimal compared to their overall revenue.  The program was structured to include transportation, non-owned disposal site coverage and pollution coverage for their owned locations.  In addition, it included occurrence mold liability […]

New Day’s broker partner sought our help to compete on a new opportunity.  The insured was a $40,000,000 commercial contractor performing at-risk construction management and design/build services.  New Day structured a Professional Liability (PL)/Contractor’s Pollution Liability (CPL) program that included coverages that the incumbent broker did not include, such as Mitigation of Damages coverage, Emergency […]

New Day’s broker partner provided New Day authorization to work on this renewal business with incumbent carriers as well as other markets.  The insured has a very complex ownership structure and provides a variety of traditional construction/excavation as well as environmental services.  On this account there were few competitive alternatives to the incumbent carriers for […]