NAVY FINDS PETROLEUM, LEAD, OTHER COMPOUNDS IN TAP WATER

CNN.com

The U.S. Navy released new water testing results that found contamination in an Oahu elementary school, a child development center, military housing communities, and on Joint Base Pearl Harbor / Hickam. 

Lead levels were found at 49 parts per billion from a sample taken from an outdoor utility sink at a Pier Side Child Development Center. Elevated levels of petroleum at a home in Halsey Terrace at Joint Base Pearl Harbor-Hickam. Two non-residential buildings in Catlin Park and Radford Terrace had elevated levels of compounds commonly added to plastics. Neighborhood homes had DEHP levels of 42.4 parts per billion. A non-residential building at the Pearl Harbor Naval Ship Yard had DEHP levels of 26.4 parts per billion. A Navy Exchange facility near Hale Alii in Zone C2 tested positive for having elevated levels of total petroleum hydrocarbons, or TPH. The Navy also found an elevated level of beryllium at Pearl Harbor Elementary School.

The Navy has also released an agenda to flush out all affected water systems and re-test the water supply. "Do Not Drink" advisories have been put into place. Tap water has also been advised as not useable for cooking or hygiene.

‘FOREVER CHEMICALS’ FOUND IN IOWA DRINKING WATER

Jim Slosiarek / The Gazette

The Iowa Department of Natural Resources has claimed that their test results found the drinking water drawn from the Mississippi River tested positive for PFAS chemicals in Burlington, Davenport, and Keokuk, Iowa. These three water systems reach 183,000 Iowa residents. The tests indicated that the two major PFAS chemicals found, perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), was tested at 10 parts per trillion. For the city of Burlington, Iowa, untreated water was tested at 6.5 parts per trillion while treated water was tested at 7.2 parts per trillion.

DEVELOPERS STRIKE CONTAMINATION FROM VIRGINIA GOLD MINES

Piedmont Environmental Council / www.Bayjournal.com

The northern corner of Orange County, Virginia, that borders the Rapidan River use to be the state's center of the gold mining boom. A new development project planned for the 2,600-acre property was submitted but saw immediate delays. The Piedmont Environmental Council initially opposed the development project because it was the largest potential rezoning in the county’s history.

More concerns began to surface as the council’s director of state policy, Dan Holmes, began investigating. He found that the mines on the property had indicated mercury contamination. In a stream near one of the sites, an investigator found a pile of discarded mercury tailings from mining operations. This warranted a testing of the stream water and the flesh of the fish from the stream.

In Virginia, the responsibility of a mine on residential property falls onto the owner, but no such laws exist for Mines that were created 190 years ago. At the end of January, a 55-page document was submitted detailing plans to address the mine if the rezoning is approved by the county’s Board of Supervisors.

RESIDENTIAL FIRES CAUSE DAMAGE IN DEWEY BEACH AND MILLSBORO

Chuck Snyder / Special to the Delaware News

State Office from the Delaware Fire Marshal are investigating two fires in Dewey Beach, Delaware, and Millsboro, Delaware, that caused damage to two residential buildings on February 19th.

At 8pm on the 1700 block of Bayard Avenue, Dewey Beach, Delaware, a fire broke out. Neighboring mutual aid Fire Companies helped the Rehoboth Beach Volunteer Fire Company respond to the fire. The origin of the fire is still being investigated.

At the intersection of Friendship Road and Guinea Hollow Road, Millsboro, Delaware, a house fire broke out at 8:15pm, several fire companies were dispatched. The origin of this fire also remains unknown.

ARMY CLAIMS PROCESSORS QUICKLY AID SOLDIERS, FAMILIES AFFECTED BY HAWAII WATER CONTAMINATION

Jenn DeHaan / www.Dvidshub.net

Fort Knox, the United States Army installation in Kentucky, is responsible for helping Army soldiers around the world recover from losses and property damages. Recently, they have mobilized teams to the island state of Hawaii while processing claims for thousands of displaced military families. An accidental jet fuel leak contaminated the drinking water at Joint Base Pearl Harbor - Hickman in November of 2021. 7,000 Soldiers and family members were affected by the contamination.

EMERGING DEAL WOULD SPLIT $83M FOR CONDO COLLAPSE LOSSES

Gerald Herbert / AP

On February 11th, a tentative deal was announced paying $38 million to people that suffered economic loss in the June 24th, 2020 collapse of a 12-story Champlain Towers South condominium in Surfside, Florida. 98 individuals were killed, whatever amounts that are above the property settlement figure would be set aside for those who lost loved ones in the collapse.

A written agreement is set to be ready to file by February 17th. The largest lawsuit was filed on behalf of the Champlain Towers South victims and family members stating that work on the adjacent property damaged and destabilized Champlain Towers. Champlain Towers was in the process of a 40-year structural review when it collapsed without warning.

ALBERTON RESIDENTS FACE MONTH-LONG SEWAGE LEAK, PROPERTY DAMAGE

MTN News /www.Kpax.com

Alberton, Montana, is experiencing a sewer leak in one of its neighborhoods due to a broken water pump in the wastewater treatment pond known as the sewage lagoon. The leak has left at least one resident with the property flooding for over a month. Residents are growing concerned for their well-being as sewage pools on Parkway Drive in Alberton, Montana, and the surrounding communities.

A resident returned to their home on New Year's Eve to find his basement flooded with sewage. The owner claims the flooding has been a reoccurring issue and was not disclosed to him at the time of purchasing the property. Other residents have been aware of this problem and have done what they can to avoid damages. One resident, claimed that she cleans the waste herself every year but that this year was like no other and there was too much for her to clean on her own.

THOUSANDS WITHOUT POWER; MEMPHIS-SHELBY COUNTY SCHOOLS CLOSED

Christine Tannous / The Commercial Appeal

On February 3rd, an ice storm hit Memphis, Tennessee, causing thousands of residents to be without power. On February 6th, 1,000 crew members were working on restoring the power to the residents of Memphis. As of February 7th, 66,000 Memphis residents were without power. The chief operating officer of Memphis Light, Gas, and Water claimed that utility workers were being sent to repair locations that would restore power to most residents. As a result, Memphis County schools were closed on February 7th.

ICE DAMAGE FROM THE LAKE DISTRICT TO NEIGHBORHOODS WIDESPREAD

lakelandcurrents.com

On February 3rd, a storm that started with freezing rain caused widespread tree damage and power outages across Lakeland, Tennessee. A Lake District developer, claims 192 trees were damaged or destroyed during the storm. He estimates $300,000 in damages and losses. Even the 75-foot flag pole on the Lake District property suffered damages when the flag froze, became too heavy for the pole, and started to bend the pole.

Many of the Lakeland residents have also had to endure power outages. Most of the homes lost power at some point during the storm. With temperatures rising back up, the snow is expected to melt away soon. Although the snow and ice will be gone, the damages from the storm will remain.

BELLEVUE REACHES AGREEMENT WITH HOMEOWNERS TO MOVE FORWARD WITH REMOVING LANDSLIDE-DAMAGED HOUSE

www.king5.com

City Officials of Bellevue, Washington, stated that on January 31st, an agreement had been reached between landslide-damaged property owners and the city of Bellevue, Washington, to remove damaged structures.

On January 17th, a water main break caused a landslide that damaged the Somerset neighborhood of Bellevue, Washington. The city began to ask residents of homes and any individuals around the structure if they may enter the residence to demolish them. A point of contingency for structure demolition was the ability to salvage as much as they can from the residence.

GARDENERS URGED TO 'THINK TWICE' BEFORE BUYING KNOWN PLANT AFTER IT CAUSES £100K OF DAMAGE

www.mylondon.news

A home in Hampshire, England, endured over £100,000 euros worth of damage from bamboo. The neighboring resident was using the Bamboo to create a screen in their back yard to create privacy. Bamboo is one of the fastest-growing plants on earth and is known as an invasive species. The roots of the plants grew under the neighbor’s house and concrete floors before bursting through the floor. The ground floor of the property had to be dug up along with several meters of bamboo roots.

MIRIAM PACE NEIGHBOURS CLAIMING DAMAGES FROM DEVELOPERS, CONTRACTORS AND ARCHITECTS

www.Independent.com.mt

Court proceedings have started for the owners of three properties adjacent to a construction site, alleged to have collapsed and taken the life of one individual. The plaintiffs are claiming compensation for structural damage caused to the property. One individual was found dead in their apartment after the collapse of the structure in March of 2020. The plaintiffs claim that no work has been carried out on the properties since the collapse causing the plaintiffs to suffer both pecuniary and non-pecuniary damages. They are seeking compensation for their suffering. Four of the defendants are facing ongoing criminal proceedings in which they are accused of negligently causing the death.

BUILDING NEAR FLOOD PLAINS.

Darryl Dyck / The Canadian Press

Shortly after an “atmospheric river” dropped a large amount of water onto British Columbia’s lower mainland last November, landscape architect Kees Lokman, director of the University of British Columbia’s Coastal Adaptation Lab, examined that the areas that were inundated included the low-lying regions in the southern part of B.C.

Lokman focused his studies on the places where land and water meet, and how these zones have emerged as a critical front line in the fight against climate change. The topic invariably spills over into another deeply complex issue: what to do about development in or near flood-prone zones.

Some dispute that flood-related damage has become the most visible symptom of climate change in urbanized regions. Property and casualty claims in Canada averaged $250 to $450 million annually between 1983 and 2008, but those figures have shot up in the years since then to an average annual figure of $1.8 billion.

The City of Christchurch, in New Zealand, imposed so-called red zone designations on a series of residential neighborhoods along the Avon River that were submerged during the floods triggered by the devastating 2011 earthquake. About 5,500 homes and properties in these areas were expropriated, and the buildings were demolished.

STORM MALIK HITS NORTHERN EUROPE WITH FORCE; AT LEAST 4 DEAD

www.thederrick.com

A winter storm has struck northern Europe on January 28th, killing at least four people, damaging houses, and damaging cars. Thousands of homes were left without electricity while the storm was advancing into the Nordic region on January 30th. The storm brought strong winds, extensive rain, and snowfall in Denmark, Finland, Norway, and Sweden. The storm reached northern Germany after causing havoc in Britain with material damage and transportation issues.

SAN DIEGO PAYS OUT SETTLEMENTS TOTALING NEARLY $1.7 MILLION

www.sandiegouniontribune.com

On January 25th, San Diego officials gave final approval to settle three lawsuits for a total of nearly $1.7 million. Out of the three settlements, the largest is the $1.1 million settlement going to two persons who suffered injuries when they were pushed into a trench by a city water vehicle hose that got entangled with a street sweeping vehicle along Moreno Boulevard, San Diego, four years ago.

The second highest settlement was the $450,000 for injuries a person endured while driving his personal scooter over a missing light post base on a city sidewalk at night. The person landed face-first on the sidewalk. The settlement is to cover medical expenses, attorney fees, and damages from diminished long-term earning capacity. 

The last settlement was for $230,000 to Midwest Investment Properties for tree roots that grew beyond city property and caused damage to the structure and foundation of Midwest’s properties in the 1500 block of 30th Street.

The three settlements were unanimously approved by the City Council in sessions that were closed to the public. The final approval was given on January 25th in open session.

HOSPITAL ARGUES THAT THE CORONAVIRUS CAUSES PROPERTY DAMAGE

MR. KHATAWUT / Shutterstock

A Connecticut children’s medical center had their lawsuit dismissed by a federal judge. The institution sought coverage for property damage associated with COVID-19 against their insurer. The suit was filed on March 5th, 2021, by The Connecticut Children’s Medical Center and a subsidiary. Continental Casualty Co., and its parent company, CNA Financial Corp., were the property insurers and the defendants in the case.

The defendant's motion to dismiss was granted by U.S. District Judge Jeffrey A. Meyer stating the plaintiffs “do not explain how it is plausible to conclude that this amounts to ‘damage’ to the property.” The plaintiff's policy does not exclude or limit coverage for losses caused by viruses, pandemics, or communicable diseases. Also, the policy stated that “reasonable and necessary extra expenses … in order to continue as nearly practicable the normal operation of the insured business” will be covered. Seeking declaratory judgment, the plaintiffs felt that the defendants should provide coverage for business interruption loss, extra expenses, disease contamination expenses, compensatory damages, interest, attorney fees, and punitive damages.

The defendants requested dismissal, claiming the policy does not cover the losses claimed. Connecticut law interprets the terms of an insurance policy “in accordance with its natural and ordinary meaning” If the terms of the policy are clear and unambiguous. If the terms are ambiguous, the policy must be construed in favor of the insured.”

TRIAL SEEKING DAMAGES FROM DURANGO RAILROAD FOR 416 FIRE PUSHED BACK

TOBIAS HANDKE / www.BossHunting.com

A 6th Judicial District court judge has rescheduled the trial where a local lawsuit is seeking damages against Durango & Silverton Narrow Gauge Railroad for their contribution to the 416 fire. The Judge delayed the trial until August 29th for homeowners, businesses, and D&SNG. The government is seeking $25 million in damages for firefighting and rehabilitation costs cause by the fire that mainly burned in the San Juan National Forest.

In July 2019, the Forest Service concluded that a cinder from the smokestack of one of D&SNG’s coal-burning locomotives ignited the roughly 54,000-acre fire north of Durango. The Civil lawsuit that was filed in 2018 accused the railroad of negligence that lead to the damage of the properties. When the trial begins in August, a jury will have to decide if D&SNG, American Heritage Railways Inc., and Harper should pay for those affected by the 416 Fire.

EMINENT DOMAIN ISSUES AFFECTING NEW JERSEY CONDOMINIUMS – CAN THE GOVERNMENT TAKE PART OF OUR COMMON ELEMENTS?

TheRealDeal.com

Eminent domain occurs when the government exercises its right to take private property for public use. When this action is performed, the government must pay the property owner just compensation for the property acquired. This responsibility is stated in the fifth amendment of the United States Constitution. The government may take all of an individual's property or a portion of the individual's property.

For condominiums, when there is a potential eminent domain action, the Board of the Condominium Association may review the governing Master Deed, By-Laws, and New Jersey Condominium Act to determine who must get notice of the potential eminent domain action and what rights the various parties may have. Generally, only the Condominium Association will be named as a defendant in a condemnation lawsuit representing the tenants of the property and is the party who is charged with handling the litigation. 

After confirming who gets notice and who oversees negotiations and litigation, the Board may address the merits of the case, which generally focuses on the issue of just compensation to be paid by the government to the Association.

Once the case is settled or reduced to a trial verdict, the responsibility to allocate the award of just compensation is vested in the Board. N.J.S.A. § 46:8B-25. Condemnation actions are expected to increase. Large infrastructure spending bills have been working their way through the federal and state governments for years and will increase condemnation cases since the government and utility companies often need to accumulate private property for their projects.

8TH CIRCUIT: INSURER OWES FOR TOTAL LOSS DESPITE PAYMENT FOR PREVIOUS DAMAGE CLAIM

www.claimsjournal.com

In March of 2019, a fire damaged a home outside of Adams in rural southern Minnesota. Before the owner’s started repairs on their home, a second fire burned the home to the ground just two months after the first fire had occurred.

Farm Bureau Property & Casualty Insurance Co. paid $159,808.52 for the damages caused by the first fire. The owner’s filed a second claim for a total loss but, the carrier refused to issue another check for the $268,800 policy limit. The insurer has argued that the owner’s were only entitled to the difference between their first claim and the total loss amount, equaling $108,991.42.

On January 21st, a panel of the 8th Circuit Court of Appeals ruled that the owner’s were entitled to $268,800 even though they had not yet spent the money their insurer paid them after the first incident. The judge said in the ruling that no court construing Minnesota law had been asked to decide whether an insurer can limit payments for successive losses occurring during the same policy period. It was also noted that the Farm Bureau policy states that coverage applies to each “accident, loss, and occurrence” and does not limit coverage for successive occurrences.

SMALL EXPLOSION CLOSES COURT BUILDING

www.ktbs.com

On January 26th, Louisiana’s Caddo Parish Courthouse' was scheduled to reopen after being closed for repairs to the building's main power distribution system. The power grid was damaged during maintenance on January 23rd. A small explosion occurred in the building parking garage. The assistant to the fire chief, stated that a crew of contractors was working inside of the building on a drop ceiling, drilling into electrical wires within the walls.

One of the contractors was injured by a flash burn during the incident. The contractor was taken to a nearby hospital in critical condition with serious injuries. Other contractors were able to describe what happened to law enforcement upon arrival. Court events, not including Jury trials, resumed on January 27th.