Civil Remedies › Residential Real Estate › Insurance

Landmark Florida Supreme Court Decision: Florida’s Economic Loss Rule

In Tiara Condominium Association, Inc. v. Marsh & McLennan Companies, Inc., the Florida Supreme Court held, in a five-to-two decision, that the economic loss rule is limited to products liability cases. Tiara Condominium...more

New York Appellate Court Rejects MBIA’s Pursuit of Rescissory Damages

On April 2, New York’s First Department appellate court ruled that MBIA Insurance Corporation may not obtain rescissory damages in its breach of contract action against Countrywide because MBIA had freely given up its right...more

Superstorm Sandy Is Causing New York and New Jersey Legislators to Reconsider Passing Legislation that Would Establish a Private...

Policyholders in New York and New Jersey presently have no private right of action against insurance companies for alleged violations of each state’s respective statutory claim handling guidelines – New York’s Unfair Claim...more

The Intersection of Subrogation and Environmental Law — The Ninth Circuit’s Tyranny of Logic over Common Sense

In a decision that exalts casuistry over common sense, the Ninth Circuit recently held that an insurer who reimbursed $2.4 million in CERCLA response costs to its policyholder had no subrogation rights against the potentially...more

Residential Insurance Policy Requiring Claim Against Insurer be Filed in Under 2 Years is Void

This week we discuss the major Indiana Court of Appeals decision, which found that not only is an insurance policy's limitation for bringing a suit against the insurer to less than the statutory period set forth by statute...more

Court of Appeals Rules that Title Companies Owe Duty of Care in Tort when Conducting Title Searches

In the case of 100 Investment Limited Partnership v. Columbia Town Center Title Co., the Maryland Court of Appeals was asked to determine whether a title company owed a tort duty of reasonable care to its customer, the...more

Title Insurers Not Liable For Agent's Negligence

Title insurance companies can enforce exculpatory provisions in title insurance policies that exclude liability for tort claims based on a negligent title search performed by an agent, Maryland's highest court has ruled....more

First Circuit Affirms Pro-Rata Damages Verdict in Boston Gas

What you need to know: The US First Circuit Court of Appeals affirmed the trial court’s pro-rata, time-on-the-risk allocation of damages from environmental contamination in the long-running Boston Gas case. The court...more

Bad Faith Sentinel - December 2012

In This Issue: - Florida Court Holds That Insurer’s Claim File, Including Log Notes And Internal Emails, Is Protected By Work Product Protection pages 1 - 2 - Southern District Of Mississippi: Insurer Has Right to...more

Bailey v. Schaaf et al., Supreme Court Docket No. 144055

Amicus Curiae Brief in Bailey v. Schaaf

Attached is the amicus curiae brief I wrote and filed in the Michigan Supreme Court on Friday, November 30, 2012, concerning the issues to be addressed by the Court in the near future. Oral argument has not been set. The...more

A Few Thoughts After “Frankenstorm”

The major impact that Hurricane Sandy had on the East Coast is a good reminder of the importance of the maintenance of sufficient insurance. All condominium projects in Texas (whether they operate under the current Uniform...more

Appraisal Since Johnson – What The Hail Is Going On?

Originally published Dallas Bar Association's Headnotes on October 24, 2012. Local courts have recently seen a dramatic increase in the filing of hail damage actions. Many of these actions are not conventional lawsuits,...more

[NEW CASE ALERT] A California Court Of Appeal Applies Equitable Subrogation To A Missed Deed Of Trust

It’s every title company’s nightmare. In the process of closing a secured real estate transaction, a previously-recorded deed of trust is missed, and now the title insurer is potentially responsible for the loss to the...more

Slumlord Must Repay Insurer For Settling Tenants’ Substandard Housing Conditions Lawsuit

A court of appeal recently held that an alleged slumlord was not covered by liability insurance in connection with her tenants’ claims of substandard living conditions and that the landlord’s insurer could recover from the...more

Condo Directors Held Personally Liable for Legal Costs - A Follow-up

In response to our recent post on the case of Boily v. Carleton Condominium Corp. No. 145, where board directors were held by a court to be personally responsible for legal costs incurred by a group of owners, one of our...more

Weekly Law Resume - July 19, 2012: Insurance Coverage – Habitability Claims – Expected or Intended Damages Not Covered

Axis Surplus Insurance Co. v. Linda Reinoso California Court of Appeal, Second Appellate District (June 26, 2012) Most liability policies do not extend coverage to intentional acts. In this case, landlords sued over...more

Changes to North Carolina Mechanics Lien Laws

In July, Governor Perdue signed two bills into law which make substantial changes to the state’s mechanics lien and bond laws. With respect to private projects, the most significant changes relate to the creation of “Lien...more

Insurer Must Pay $92.9 Million to Katrina Victims

In a victory for consumers, the United States Supreme Court declined last week to hear a petition by an insurance company trying to escape the penalties that, by law, it owed victims of Hurricane Katrina....more

Condominium and New Home Warranties and Rights of Action

Construction defect issues diminish both the value and enjoyment of homeownership, and are significant problems for homeowners and their associations, as well as potential sources of liability for developers and builders. And...more

Supreme Court of Georgia Allows Recovery of Damages for Diminution of Value Under Real Property Policy

In Royal Capital Development LLC v. Maryland Cas. Co., ___ S.E.2d ___, 2012 WL 1909842 (Ga. May 29, 2012), the Supreme Court of Georgia, on a certified question for the U.S. Court of Appeals for the Eleventh Circuit, held...more

Risk of Loss During the Executory Period

The executory period is the period of time in a real estate transaction between the signing of the contract for sale and the closing of the property. A key consideration during the executory period of any real estate...more

Asset Management Fund Sues Morgan Stanley In Connection With Sale Of $122 Million in RMBS

On May 2, 2012, mutual fund Asset Management Fund and related affiliates filed a summons with notice to commence an action against Morgan Stanley in the Supreme Court of the State of New York seeking $122 million in...more

MetLife Sues Morgan Stanley Over $757 Million in RMBS

On April 25, 2012, Metropolitan Life Insurance Co. (“MetLife”) filed suit in New York State Court against Morgan Stanley. MetLife alleges that Morgan Stanley misrepresented the quality of the mortgage loans underlying RMBS...more

Stormchaser Legislation and Mechanic’s Liens

April 17 marks the end of legislators’ per diem, but session will continue beyond that date as budget and property tax negotiations continue. Progress has been made however, with most budget bills being assigned to conference...more

Supreme Court of Wisconsin Holds Pollution Exclusion Applies to Bat Guano

In its recent decision in Hirschhorn v. Auto-Owners Ins. Co., 2012 Wisc. LEXIS 16 (Mar. 6, 2012), the Supreme Court of Wisconsin had occasion to address whether a pollution exclusion in a homeowners policy applied to bar...more