Insurance Zoning, Planning & Land Use

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More Legal Developments for the Construction Industry in the Southeast

Alabama - The Alabama Supreme Court reversed itself and concluded that faulty workmanship can constitute an “occurrence” under a commercial general liability insurance policy which triggers coverage for the insured. In a...more

Fifth Circuit Adds A Third Dimension To Title Insurance Claims

Title insurance policies typically contain a "survey exception" that excludes coverage for certain title defects that cannot be discovered without a physical survey. In some jurisdictions, insurers also offer to waive that...more

Chancel Repair Liability - The New Regime

Provisions contained in the Land Registration Act 2002 were finally implemented from 13 October 2013. From that date, chancel repair liability no longer binds a buyer of land for value (i.e. where a payment in money or in...more

Real Property, Financial Services & Title Insurance Case Law Update: December 2013

I. FLORIDA STATE CASES – SASHA FUNK GRANAI - Final Judgment: final judgment not final appealable order where related claim for breach of note remained – Centennial Bank v. NFP 1, LLC, No. 1D13-4516 (Fla. 1st DCA Dec....more

Hydraulic Fracturing Digest

Hydraulic fracturing remained one of the most controversial environmental issues of 2013. Hydraulic fracturing, also known as fracking, is the process of injecting water, chemicals and “proppants,” oftentimes sand, under...more

And You Thought Ending Flood Insurance Subsidies Would Be Difficult? Try Persuading a Politician to Support “Managed Coastal...

Earlier today, I posted about the political difficulties inherent in reforming flood insurance programs to avoid subsidizing those who choose to live in coastal areas subject to flooding. When even Democratic legislators...more

A Compilation and Summary of Real Estate Related Legislation Enacted by the 51st Arizona Legislature

On Friday June 14, 2013, at 12:59 a.m., on the 152nd day of the regular legislative session, the 51st Arizona Legislature adjourned sine die, or “without assigning a day for a further meeting or hearing.” Generally, except...more

Bad Faith Sentinel - October 2013

In This Issue: - Wisconsin Court of Appeals: Insurer Does Not Commit Bad Faith by Refusing to Pay the Undisputed Portion of an Insured’s Claim Where the Policy Does Not Require Payment - Southern District of...more

Michigan Court Holds Pollution Exclusion Applies to Emissions Permit Violation

In its recent decision in Arch Ins. Co. v. Commercial Steel Treating Corp., 2013 U.S. Dist. LEXIS 121574 (E.D. Mich. Aug. 27, 2013), the United States District Court for the Eastern District of Michigan had occasion to...more

Damon Key's Legal Alert - Spring/Summer 2013

The Spring/Summer edition of Damon Key's Legal Alert, with articles on the Hawaii Supreme Court's latest construction law decision, Estate Planning, the duty to defend claims arising from faulty workmanship, and the...more

Climate Change Legal Work: Changing The Paradigm Does Not Come Easily

I learned the other day that for $3995 I can download nearly a 1000 page report on the climate change industry. The Ah Hah moment was at hand. The President’s promise at his inauguration and then again at the State of the...more

North Carolina Legislature Uncovers "Hidden Liens"

Executive Summary: North Carolina implements “lien agent” law for construction projects. The North Carolina General Assembly recently enacted significant changes to North Carolina's mechanics lien laws. These changes...more

Can I Have a Basement Apartment?

If you are thinking about converting your basement into a secondary suite, there are many benefits. The added value to your home, the extra income from a rental, and the fact that they provide affordable housing to others are...more

Recent Ruling Confirms That Cost of Compliance with a PRP Letter Is Insured Under CGL Policies

In a recent ruling of interest to any company named as a potentially responsible party (“PRP”) at a Superfund site anywhere in the country, the Alabama Supreme Court has followed the majority of state courts and held that a...more

Real Estate Alert - New Jersey Enacts New Rebuilding Rules In Response To Superstorm Sandy

The impact of Superstorm Sandy on New Jersey was enormous: nearly 346,000 housing units either destroyed or damaged and 190,000 businesses affected. Sandy demonstrated just how vulnerable to damage much of the low-lying areas...more

Maryland establishes tort duty of care for title companies

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

Marketability of Title: In Reaffirming Hocking, the Court of Appeal in Dollinger Draws a Clear Distinction Between Market Value...

Market value and marketable title are not synonymous. Dollinger DeAnza Associates v. Chicago Title (6th Dist. 2011) 199 Cal.App.4th 1132 (“Dollinger”), provides an excellent summary of several key cases interpreting what...more

Determining an Occurrence in Environmental Insurance Cases

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

Summary of HUD’s LEAN 232 Program E-mail Blast: Office of Residential Care Facilities (ORCF), August 29, 2012

In an effort to summarize the highlights of the LEAN E-mail Blasts that we receive, and rarely have time to review in a timely fashion, we at Pepper Hamilton are providing this quick synopsis of the latest LEAN update. Our...more

New Age Split Dollar - Leveraging the Unified Credit Using Split Dollar – Part 2

The tax time bomb is due to explode. On January 1, 2013, the top estate tax bracket increases from 35% to 55%. The exemption equivalent drops from $5.25 million-$1 million per taxpayer. Tax payers in the California,...more

Insurance Companies into Senior Housing Industry—Risks Not To be Overlooked

Since this June the China Insurance Regulatory Commission (“CIRC”) issued 13 draft regulations for public opinion, paces for insurance companies towards senior housing are further picked up. Loosened policy for senior...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

Summary of New Ohio Oil & Gas Legislation

On June 11, 2012, Ohio Governor John Kasich signed Senate Bill 315 (“S.B. 315”) into law. S.B. 315 addresses a wide array of issues and substantially revises the sections of Revised Code 1509 and Revised Code 4906. S.B. 315...more

Construction Oberview: 2012 Maryland General Assembly Legislative Update

A number of bills were passed during the Maryland General Assembly's 2012 legislative session that will impact certain sectors of the construction industry. Ober|Kaler has put together brief summaries of certain bills from...more

Second Annual Greenbuild Legal Forum Highlights Unique Challenges and Opportunities for Green Building Lawyers

The Second Annual Legal Forum at Greenbuild 2011 covered a wide variety of legal issues involved in green building which were presented by more than 10 expert panelists from the US and Canada...more

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