Thomas M. Gambardella Senior Counsel

     

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Publications

  • The Preemption Defense to Flood Insurance Claims Under the National Flood Insurance Program

    Preemption Defense under National Flood Insurance Program

    September 14, 2018

    The complex regulatory framework governing federal flood insurance policies centers on the National Flood Insurance Program, which pays for claims that exceed the premiums collected from the insured parties. The extensive damage caused by Hurricanes Harvey and Irma and those that follow will mean close scrutiny and careful interpretation of defenses available to insurers.

  • The Preemption Defense to Flood Insurance Claims Under the National Flood Insurance Program

    Preemption Defense under National Flood Insurance Program

    September 21, 2017

    The complex regulatory framework governing federal flood insurance policies centers on the National Flood Insurance Program, which pays for claims that exceed the premiums collected from the insured parties. The extensive damage caused by Hurricanes Harvey and Irma and those that may follow will mean close scrutiny and careful interpretation of defenses available to insurers.

  • Florida Enacts Law to Protect Design Professionals

    Florida Enacts Law to Protect Design Professionals

    May 10, 2013

    This new Florida statute provides the conditions under which a design professional may not be held individually liable for damages resulting from negligence under a professional services contract. The protection under this statute does not apply to lawsuits by third parties against the individual design professional and does not cover claims for personal injuries against the design professional. 

  • California Supreme Court Grants Review of Appellate Ruling in Beacon v. Skidmore

    UPDATE: CA Supreme Court to Review Design Professionals Case

    March 11, 2013

    The California Court of Appeal held that design professionals owe a duty of care to condo homeowners for professional negligence. The California Supreme Court recently granted a petition to review, which renders the Court of Appeal opinion void and under California rules it may not be cited as authority.

  • Limits on California design professionals' indemnity obligation in public contracts

    July 2010

    In the recent cases of Crawford v. Weather Shield Manufacturing, (2008) 44 Cal. 4th 541, and UDC-Universal Development Company LP v. CH2M Hill, (2010) 181 Cal.App.4th 10, California appellate courts have upheld a design professional's contractual defense obligation, even in the absence of any finding of negligence by the design professional.