Breaking News: Insurance Coverage for "Hidden" Mechanics' and Materialmen's Lien Claims in North Carolina is Disappearing by Poyner Spruill LLP on 5/14/2012 Even in good economic times, lien claims asserted by subcontractors and material suppliers abound and lead to costly disputes. As in many states, North Carolina’s materialmen’s lien statutes create a system where “hidden” or...more
Construction Attorneys--It Is Time to Check the Box!! by Katherine Gallo, Esq. on 5/1/2012 Five years, twenty drafts and hundreds and hundreds of non-billed attorneys later, the Civil and Small Claims Committee of the Judicial Council is recommending the Form Interrogatories - Construction Litigation be adopted and...more
Title Companies Limit Ability to Use Deed-in-Lieu as a Remedy by Kilpatrick Townsend on 4/17/2012 It has come to our attention that Fidelity National Title Insurance Company, First American Title Insurance Company, Stewart Title Insurance Company and Old Republic Title Insurance Company will no longer issue title...more
The Benefits of WRAP Insurance on Large Construction Projects - Ray Buddie [Video] by Allen Matkins Leck Gamble Mallory & Natsis... on 4/12/2012 WRAP insurance in a single "WRAP insurance program" can cover all players in a construction project. These programs are typically either owner controlled or contractor controlled. These WRAP programs can often save...more
Safety Deposit Box Condominium by Heenan Blaikie LLP on 4/6/2012 The enactment of condominium legislation has allowed fractional ownership of a larger piece of property that previously could not be subdivided, by creating separate smaller real property units with separate legal titles....more
Nuts and Bolts of Title Insurance by Doron Eghbali on 3/27/2012 Title insurance is deemed a prerequisite in myriad of real estate transactions including but not limited to purchasing a real property. Buyers must usually acquire title insurance as lenders require acquisition of such...more
Insurer Not Required to Cover Costs for Stabilization and Demolition of Historic Building by Sedgwick LLP on 3/23/2012 U.S. District Court for the Eastern District of Missouri In Clarinet, LLC v. Essex Ins. Co., No. 10-CV-1686, 2012 WL 182529 (E.D. Mo. Jan. 23, 2012), a federal judge interpreting Missouri law held that an insurer was...more
Drilling a Dry Well Is Not an Occurrence Under a CGL Policy by Sedgwick LLP on 3/16/2012 In PPI Technology Services, LP v. Liberty Mut. Ins. Co., 2012 WL 130389 (S.D. Tex. Jan. 17, 2012), the Southern District of Texas held that there was no "occurrence" of covered "property damage" arising from underlying claims...more
The Significance of HMRC v Atlantic Electronics by Monty Jivraj on 3/12/2012 The significance of HMRC -v- Atlantic Electronics....more
Tribunal ruling could see drop in legal costs by Monty Jivraj on 3/9/2012 Tribunal Judgement could see drop in legal costs. ...more
McKenna Long & Aldridge LLP Completes Merger with Luce Forward Hamilton & Scripps LLP by McKenna Long & Aldridge LLP on 3/6/2012 McKenna Long & Aldridge LLP announced today that it has completed its merger with California-based Luce Forward, Hamilton & Scripps LLP (Luce Forward). The combined firm will continue to be known as McKenna Long & Aldridge...more
Lack of Control by Insured Over Related Companies Results in Denial of Coverage by Cole Schotz on 3/5/2012 In Newport Associates, Phase 1 Developers Limited Partnership v. Travelers Casualty and Surety Company, No. HUD-L-3070-09 ( New Jersey L. Div. January 24, 2012), plaintiff developers brought a declaratory judgment action...more
The Intersection of Contractual Indemnity Clauses and Additional Insured Status: You May Have Less Coverage Than You Think by King & Spalding on 2/24/2012 Parties to sophisticated construction projects, real estate transactions, and services agreements routinely allocate risks by contract through the use of indemnity provisions. Parties often reinforce that risk allocation...more
Second Circuit Affirms Dismissal of Proposed Class Action Over Reimbursement Practices for Property Damage by Sedgwick LLP on 1/25/2012 United States Court of Appeals for the Second Circuit In Woodhams v. Allstate Fire & Cas. Co., 2012 U.S. App. LEXIS 3 (2d Cir. N.Y. Jan. 3, 2012), the Second Circuit Court of Appeals affirmed the dismissal of a proposed...more
Missouri Court Addresses Owned Property Exclusion by Traub Lieberman Straus & Shrewsberry LLP on 1/25/2012 In its recent decision in Clarinet v. Essex Ins. Co., 2012 U.S. Dist. LEXIS 7300 (E.D. Mo. Jan. 23, 2012), the United States District Court for the Eastern District of Missouri had occasion to consider whether a general...more