Civil Procedure

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

News & Analysis as of May 23, 2013

Barbara Knoflach, CEO of SEB Asset Management, on the rise of cross-border real estate investment
Ventas' Debra Cafaro on why the Health Care asset class is well positioned in today's economy
Jeffrey DeBoer on the intersection of Washington and commercial real estate
Navigating the Winds of Change in Commercial Real Estate
California Commercial Building Owners Must Disclose Energy Usage of the Building During Sale, Lease or Financing after July 1, 2013
Action Required by California Commercial Landlords: New California Law Goes Into Effect July 1, 2013, Requiring Accessibility Disclosures in Commercial Leases
Transbay Tower Groundbreaking
Bisnow/Allen Matkins - LA Property Management - Patrick Lacey, Property Management Associates
Bisnow/Allen Matkins - LA Property Management - Kevin Kirn, Health Care REIT, Inc.
Bisnow/Allen Matkins - LA Property Management - John Fucci, Kilroy Realty
Bisnow/Allen Matkins - LA Property Management - Charlie Hobey, Equity Office
Bisnow/Allen Matkins - LA Property Management - Brian Plymell, Hines
Which environmental regs may impact your development projects?
California Commercial Real Estate Forecast - Industrial & Multifamily Remain the Bright Spot in the Winter 2013 Allen Matkins/UCLA Anderson Survey Results
California Commercial Real Estate Forecast - Allen Matkins/UCLA Anderson Winter 2013 Survey Reveals Dip in Developer Sentiment
California Commercial Real Estate Forecast - Allen Matkins/UCLA Anderson Survey Results Reveal Tension Between Developer Sentiment & Action
Former Congressman Steve Bartlett Joins the LEVICK Team
Taking it Seriously: Unusual Lease Violations in Virginia
Understand both sides' interests to get best results for your clients
"Bisnow/Allen Matkins LA Industrial and State of the Ports - " Mark Payne

Weekly Law Resume - May 16, 2013: Insurance Coverage – Duty to Defend – Vacant Property

by David L. Blinn | Low, Ball & Lynch on 5/22/2013

Travelers Property Cas. Co. of America v. Superior Court of California, County of Los Angeles - Court of Appeal, Second District (April 17, 2013) - Most insurers do not like to insure empty buildings. Consequently,...more

Insurance Recovery Law -- May 16, 2013

by Manatt, Phelps & Phillips, LLP on 5/17/2013

In This Issue: Prepare For A Storm of Lawsuits; To Ensure Coverage, Read Policy Carefully; and Ticketmaster Wins Reversal, Possible Coverage For Class Action Over Ticket Fees ...more

Court Adheres to Specific Definition of “Designated Premises”; Holds Policy Cancellation Does Not Preclude Rescission

by Daniel Bryer | Sedgwick LLP on 5/13/2013

In Seneca Ins. Co. v. Cimran Co., — N.Y.S.2d –, 2013 WL 1405231 (App. Div. 1st Dep’t 2013), the New York appeals court granted the insurer’s motion for summary judgment, declaring that it had no duty to defend and indemnify...more

The “Occurrence” Debate Continues: Pennsylvania and North Dakota Edition

by Aaron Mandel, Stevi Raab | Sedgwick LLP on 4/30/2013

As noted in our previous installment of CDCQ, the “occurrence” issue is one of the most hotly litigated topics in construction defect coverage cases. This last quarter was no exception. Two recent cases addressing this issue...more

Calif. Plumbs The Depths Of Water Damage Exclusions

by Jose Umbert | Zelle Hofmann Voelbel & Mason LLP on 4/12/2013

A recent decision by the California Court of Appeal confirms the willingness of courts in California to enforce exclusions for water damage in property policies, thus precluding coverage for the policyholders’ alleged...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 Nejat Ahmed | Cozen O'Connor on 3/21/2013

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

In Alabama, Cost of Complying with a PRP letter Now Insured Under CGL Policies

by Revelle Gwyn, Elizabeth Hamrick, Katherine Henry, Sid Trant | Bradley Arant Boult Cummings LLP on 1/16/2013

In a recent ruling of interest to any company named as a potentially responsible party (“PRP”) at a Superfund site, the Alabama Supreme Court has held that a PRP letter constitutes a “suit” under a comprehensive general...more

Lessons From Past Give Guidance To Sandy-Related Claims

by Kaisa Adams, Thomas Caswell, III | Zelle Hofmann Voelbel & Mason LLP on 1/16/2013

Originally published in Insurance Law360 on January 15, 2013. In the aftermath of Hurricane (or post-tropical cyclone) Sandy, insurers and insureds alike will face a number of complicated insurance coverage issues, to...more

Insured’s Attempt to Negate Water Exclusion All Wet

by Kelly Nugent | Sedgwick LLP on 1/4/2013

In Cardio Diagnostic Imaging, Inc. v. Farmers Insurance Exchange, Case No. B239145 (Dec. 18, 2012; certified for publication), the Second Division of the California Court of Appeal affirmed the lower court’s ruling that an...more

Weekly Law Resume - December 13, 2012: Coverage – Additional Insureds – Exclusion for Suits Between Insureds

by David L. Blinn | Low, Ball & Lynch on 12/24/2012

Gemini Ins. Co. v. Delos Ins. Co. - Court of Appeal, Second District (December 5, 2012) - Many policies have exclusions for coverage or defense of actions between insureds. This case considered such an exclusion where...more

Pennsylvania Court Finds No Coverage for Construction Defect Claims Under General Liability Policies

by Stevi Raab | Sedgwick LLP on 12/12/2012

In the case of American Home Assurance Co. v. Trumbull Corp., No. GD-11-006886 (Ct. Com. Pl. Allegheny County, Oct. 10, 2012), the court granted summary judgment in favor of two excess general liability insurers on a matter...more

Weekly Law Resume - November 8, 2012: Coverage–Contribution Action–Burden of Proof

by David L. Blinn | Low, Ball & Lynch on 11/14/2012

St. Paul Mercury Ins. Co. v. Mountain West Farm Bureau Mutual Ins. Co. Court of Appeal, Second District (October 25, 2012) Equitable contribution is available when several insurers are obligated to indemnify or defend...more

Pinnacle's Limited Impact On California Property Litigation

by Zelle Hofmann Voelbel & Mason LLP on 11/5/2012

Originally published in Insurance Law360 on November 2, 2012. The California Supreme Court recently issued an important decision concerning the forum for litigation of construction defect claims. However, as a practical...more

Texas Courts Continue To Reject Extra-Contractual Claims When Valid Appraisal Awards Are Timely Paid; Florida Courts, Not So Much

by Zelle Hofmann Voelbel & Mason LLP on 10/26/2012

Disputes arising in the context of property insurance appraisals continue to be litigated across the country. Nowhere is that more true than in Texas and Florida, where state and federal courts continue to wrestle with the...more

Not An Oscar Winner: A Case About Indemnification

by Brooks Pierce on 10/16/2012

It's hard for me to think of a case I'd rather not write about than GR&S Atlantic Beach, LLC v. Hull, 2012 NCBC 52. It's not just that it's deathly boring or that it involves the interpretation of poorly written transaction...more

Determining an Occurrence in Environmental Insurance Cases

by Foley Hoag LLP - Environmental Law on 10/5/2012

Like a comet which drags a long trail in its wake, large CERCLA cases in federal court often are accompanied by related insurance coverage cases in state court. That is true with the Lower Fox River Superfund Site in...more

Aerospace Insurance Update: September 2012 -- Federal Court Finds New York Choice of Forum Clause in Michigan Airport’s Policy...

by Sedgwick LLP on 9/21/2012

In Wayne County Airport Authority v. Allianz Global Risks U.S. Insurance Co., No. 11-15472, 2012 WL 3134074 (E.D. Mich. Aug. 1, 2012), a federal court in Michigan denied the defendant insurers’ motion to dismiss seeking to...more

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Commercial Real Estate › Insurance › Civil Procedure

Weekly Law Resume - May 16, 2013: Insurance Coverage – Duty to Defend – Vacant Property

Insurance Recovery Law -- May 16, 2013

Court Adheres to Specific Definition of “Designated Premises”; Holds Policy Cancellation Does Not Preclude Rescission

The “Occurrence” Debate Continues: Pennsylvania and North Dakota Edition

Calif. Plumbs The Depths Of Water Damage Exclusions

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

In Alabama, Cost of Complying with a PRP letter Now Insured Under CGL Policies

Lessons From Past Give Guidance To Sandy-Related Claims

Insured’s Attempt to Negate Water Exclusion All Wet

Weekly Law Resume - December 13, 2012: Coverage – Additional Insureds – Exclusion for Suits Between Insureds

Pennsylvania Court Finds No Coverage for Construction Defect Claims Under General Liability Policies

Weekly Law Resume - November 8, 2012: Coverage–Contribution Action–Burden of Proof

Pinnacle's Limited Impact On California Property Litigation

Texas Courts Continue To Reject Extra-Contractual Claims When Valid Appraisal Awards Are Timely Paid; Florida Courts, Not So Much

Not An Oscar Winner: A Case About Indemnification

Determining an Occurrence in Environmental Insurance Cases

Aerospace Insurance Update: September 2012 -- Federal Court Finds New York Choice of Forum Clause in Michigan Airport’s Policy...

Supreme Court of California Hears Arguments in State of California v. Continental Insurance Co.

Weekly Law Resume - May 17, 2012: Insurance Coverage – Contribution Action – Self Insured Retention

Superfund Year in Review: News for Insurance, Real Estate and Clean-Up Sectors

Construction Attorneys--It Is Time to Check the Box!!

Second Circuit Affirms Dismissal of Proposed Class Action Over Reimbursement Practices for Property Damage

California Court Addresses Payment of Self-Insured Retention

Alabama Court Finds that Insured’s Claim is Barred by Late Notice

Texas Insurance Law Newsbrief: Special Report: Texas Wildfires & Valued Policy Claims

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