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Is That Covered? How Long Should I Keep an Insurance Policy?

Here's an often asked question: "How long should I keep my insurance policies?" Is it three years? Seven Years? The short answer is none of the above. Here are my recommendations...more

Florida Property Owners: Be Aware Of This Procedure Before Filing A Construction Defects Claim

One of the most frustrating events for a residential homeowner, or a commercial property owner, is the day that they find construction defects on their property. From that time forward, the steps that are taken by the...more

Ohio Appeals Court Affirms Dismissal Of City’s Public Nuisance Suit Against Banks

On March 21, the Court of Appeals of Ohio, Eighth Appellate District, affirmed a trial court’s dismissal of a suit by the city of Cleveland, which sought damages from several financial institutions involved in the creation of...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

Appellate Notes: Recent Decisions of the Connecticut Supreme and Appellate Courts - January 2013

In This Issue: -AC31211 - Aguinaldo v. Warner -AC33771 - Thompson Gardens West Condominium Assn., Inc. v. Masto -AC33850 - Unifund CCR Partners v. Schaeppi -AC33400 - Samnard Associates, LLC...more

Is Defective Construction an “Occurrence”? The Answer Isn’t So Concrete Construction Defect Coverage Quarterly

One of the largest issues litigated in today’s construction defect coverage actions is whether defective construction constitutes an “occurrence” (and therefore, may be covered) under liability insurance policies. Standard...more

Mortgagees Beware -- Appointment of a Receiver is the Preferred Course for Rental Property in Foreclosure

The recent case of Rojas v. Rubenstein, No. A-5755-10T2, 2012 N.J. Super. Unpub. LEXIS 2359, 2012 WL 4935498 (App. Div. October 18, 2012), focused attention on the relative liabilities of a court-appointed receiver and a...more

Weekly Law Resume - January 31, 2013: Construction Defects Premised on Negligent Design Theory

Beacon Residential Community Association v. Skidmore, Owings & Merrill, LLP Court of Appeal, First District (December 13, 2012) The First Appellate District reversed a judgment in favor of design professionals and...more

On the Horizon for 2013: Pennsylvania Courts Struggle with Insurance Coverage for Construction Defect Claims

In 2012, Judge Wettick of the Allegheny County Court of Common Pleas issued two decisions that have the potential to significantly limit the insurance coverage available to Pennsylvania contractors and construction companies...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

New Jersey Department of Environmental Protection Implements New Guidance on Vapor Intrusion

On January 16, the New Jersey Department of Environmental Protection (NJDEP) published its new guidance on vapor intrusion, including significant changes to the groundwater vapor intrusion screening levels....more

Go Beyond Google Maps: Powerful Ways to Illustrate Location in Your Case

One of the most common items attorneys will put into a brief or a case presentation is an overhead map of the relevant area. Since the dawn of Google, attorneys have grown accustomed to copying and pasting the image of a...more

Lack Of Factual Detail In Record Raised Issues Concerning Statute Of Limitations In Real Estate Transaction Lawsuit

In Xavier v. Leviev Boymelgreen Marquis Developers, LLC, 3D11-549(Fla. 3d DCA, Nov. 21, 2012), Maiko A. Xavier and Gricell B. Perez (“Plaintiffs”) sought review of the trial court’s dismissal with prejudice of their real...more

Pa. Superior Court Extends Protection of Implied Warranty of Habitability to Subsequent Purchasers of a Newly Constructed Home

For the first time, the Superior Court of Pennsylvania has extended the protection of the implied warranty of habitability to the second or subsequent purchaser of a newly constructed home in Conway v. The Cutler Group, 2012...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

Don’t Let the Bedbugs Bite; If They Do, Hire a Lawyer

Most of us grew up thinking that bedbugs were make-believe, like the monster under the bed. Unfortunately, they are not. With the prohibition of the pesticide DDT and the increase in global travel, bedbugs have returned in...more

An Open Letter To Our Mobile Home Park Clients

Archer Norris lawyers Mike McGuire and Lisa Estabrook recently completed a lengthy jury trial in defense of a mobile home park (MHP) owner sued for Failure to Maintain. From the trial, we learned several important lessons you...more

Insurance Coverage: October 2012

This past quarter brought us the long-awaited decision from the California Supreme Court on stacking of insurance policies. The Supreme Court has ruled that stacking of limits on successive policies is permitted on continuous...more

Standard CGL Policy "Personal Injury" Coverage Excludes Defense for Housing Discrimination, But Broader Umbrella Policy Provides...

In Federal Insurance Company v. Steadfast Insurance Company, issued September 24, the California Court of Appeal, Second Appellate District, held that two primary liability policies that provided “personal injury” coverage...more

Minn. Supreme Court: Anti-Subrogation Law Does Not Bar Landlord’s Property Insurer From Recouping Payments From Negligent Tenant

In United Fire & Casualty Co. v. Bruggeman, 505 N.W.2d 87 (Minn. App. 1993), rev. denied (Minn. Oct. 19, 1993), the Minnesota Court of Appeals held that a landlord’s property insurer may not subrogate against a tenant for...more

New Jersey Appeals Court Finds Contractor Personally Liable For Fraud In Failing To Pay Subcontractor

The New Jersey Appellate Division recently issued an unpublished opinion involving the false certification by the principal of a general contractor of payments to a subcontractor. The ramifications of that conduct should be...more

Civil Procedure

UPDATED THROUGH SEPTEMBER 4, 2012 Discovery – Adverse Medical Incidents. Did the trial court depart from the essential requirements of the law by granting a request to produce records of adverse medical incidents...more

Overriding Interest - Summer 2012

In this issue: Abolition of Distress... 1 Events and Announcements... 2 New Lawyers... 3 Cases... 6 Transaction Focus... 7 Excerpt from Abolition of Distress: The Ministry of Justice recently ended...more

Green, et al. v. Wells Fargo Bank, N.A.

Plaintiff's Memorandum in Support of Response to Motion to Dismiss

Memorandum opposing a motion to dismiss filed by Wells Fargo Bank, N.A. The case involves homeowners suing to enforce their right to a loan modification....more

Insurance Coverage: March 2012

Villa Los Alamos HOA v State Farm General Ins. Co. (2011) 198 Cal.App.4th 522 The Association hired a contractor to remove ceiling material from ceilings and staircases, in the process releasing asbestos fibers into a...more