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Commercial Real Estate Business Torts Insurance

Read Commercial Real Estate Law updates, news, and legal commentary from leading lawyers and law firms:

A-1 Self-Storage Unit Protection Plan: California Court of Appeal Defers to Agency Interpretation of the Insurance Code

The California Court of Appeal recently affirmed a ruling that an optional protection plan in a storage rental contract to transfer the risk of property damage or loss from the renter to the rental company did not transform...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending November 13 & 20, 2015

by Carlton Fields on

REAL PROPERTY UPDATE - Property Damage/Breach of Contract: insurer failed to prove that it provided insured with notification of its right to mediate at the time insured made his claim pursuant to Florida Statutes,...more

Are the Days Numbered for a Free Pass for Liability Insurers?

by Nossaman LLP on

Next week the California Supreme Court will hear argument in Fluor Corporation v. Superior Court, a case which raises (again) the question whether an insurer must provide coverage for third party claims arising from injuries...more

Bad Faith Claim Against Insurer Ruled Unsustainable by New York Federal Courts Where Based on Same Facts as Breach of Contract...

by Wilson Elser on

Two recent New York federal court decisions – 433 Main Street Realty, et al. v. Darwin National Assurance Co., No. 14-cv-587 (NGG) (VMS) (E.D.N.Y. Apr. 22, 2014) and County of Orange v. The Travelers Indemnity Co. No....more

Middle District of Pennsylvania: Neither Unprofessionalism of Lower-Level Claims Employees Nor Failure to Interview Insured’s...

by Saul Ewing LLP on

Honesdale Volunteer Ambulance Corp. Inc. v. Am. Alternative Ins. Corp., CIV.A. 3:11-1488, 2014 WL 1203317 (M.D. Pa. Mar. 24, 2014) - Middle District of Pennsylvania grants summary judgment on bad faith claim where...more

Update on 2013 Amendments to the Oregon Environmental Cleanup Assistance Act

by Cozen O'Connor on

In June 2013, the Governor of Oregon signed into law Senate Bill 814, which created sweeping reforms on environmental claims handling regulations and available remedies for insureds facing liability for cleanup of...more

"Loss Payee" v. "Lender Loss Payee": How the Difference of One Word Can Prevent a Secured Lender's Recovery on Insurance Proceeds

by Blank Rome LLP on

As a secured lender, you take a security interest in your borrower’s inventory and/or equipment and then perfect under applicable law. To further protect the value of the collateral supporting your loan, you confirm your...more

Disclosing Lawsuits To Buyers Of Residential Property

Sellers of existing residential property are required by California law to make various disclosures to a prospective buyer. [See generally Disclosures In Real Property Transactions, published by the California Department of...more

Can an Intervening Insurance Company Sue for Breach of Contract?

If a party in litigation has a default judgment entered against it, can its insurance company still file a motion to intervene and use the same defenses that would have been available to the insured if not procedurally barred...more

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

by Cozen O'Connor on

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

Prompt Payment of An Appraisal Award Bars Bad Faith Per Austin U.S. District Court, Although Some Acts By An Insurer May Leave The...

by Cozen O'Connor on

The United States District Court for the Western District of Texas in Austin recently held that an insurer’s timely payment of an appraisal award bars the insured’s extra-contractual tort claims. Michels v. Safeco Ins. Co. of...more

Maryland establishes tort duty of care for title companies

by Thomas Valkenet on

On January 29, 2013, the Maryland Court of Appeals issued a decision that your title company can now be sued for negligent title searching, and for preparation of an incorrect or incomplete title commitment. This duty of...more

MARYLAND TITLE COMPANY CAN BE LIABLE IN NEGLIGENCE FOR TITLE SEARCH ERRORS

by Harry Levy on

Does a title company owe a tort duty of care to its customer when conducting a title search? And, if such a duty exists and is breached, is a title insurance company vicariously liable for the title company’s negligent title...more

Insurance Coverage For Long Tail Injuries In California

The California Supreme Court recently ruled, in a case involving environmental damage at a State controlled waste site, that multiple insurers, who provided coverage to the State at different periods between 1964-1976, are...more

Capital Finance Adds Financial Institution Bond, Title Insurance and Escrow Expert

by Capital Finance on

Capital Finance is very pleased to announce that Terry S. Kaplan, Esq. has become associated with our firm as a consulting expert witness specializing in Financial Institution Bond, Title Insurance and Escrow litigation...more

Miller-Davis v Ahrens Construction Inc

Supreme Court to Address Whether "Statute of Repose" for Actions Against Contractors Applies to Implied "Tort" Claims for Injuries...Michigan

by Carson Tucker on

The Michigan Supreme Court heard oral argument to consider whether MCL 600.5839, the statute of repose, for “any action” against architects, engineers, or contractors to recover damages for “any injury to...more

Keeping Your Company in Compliance with "The Man"

by Melissa Dewey Brumback on

Proper procedures and checks to ensure you maintain corporate formalities can help prevent anyone from "piercing the corporate veil" and suing you individually....more

Insurance Physical: Worth the Check-up!

by Melissa Dewey Brumback on

An appropriate review of your construction and business insurance policies can minimize your risk in the event of a lawsuit....more

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