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Business Organization Insurance Residential Real Estate

Read Business Organization updates, alerts, news, and legal analysis from leading lawyers and law firms:

Claims Stemming from Government Regulated Flooding After Hurricane Harvey

by Zelle LLP on

In August, Hurricane Harvey directly hit the city of Houston, leaving substantial wind and flood damage in its wake. Many home and business owners who avoided flood damage breathed a sigh of relief on August 28 when the...more

Helping Handbook for Those Affected by Northern California Wildfires

by Morrison & Foerster LLP on

This handbook provides an overview of some of the issues that individuals, families, and small businesses may face as a result of the wildfires that swept Northern California in October 2017. Please note that this handbook...more

Why Do I Have A Hurricane Harvey Claim From Hoboken?

by Zelle LLP on

As businesses and insurers sort out the impacts of Hurricane Harvey, it will take time to assess the physical damage and resulting business interruption losses. Invariably, however, business interruption impacts from Harvey...more

Hurricane Harvey: Don’t Get Shortchanged on Your Insurance Recovery for Property Damage and Business Interruption Losses

by King & Spalding on

After making landfall early Saturday morning as a major hurricane, Tropical Storm Harvey has left a widespread path of destruction, significantly damaging the infrastructure in the Houston area and Southeastern Texas,...more

Hurricane Harvey: Insurance Implications

Hurricane Harvey, projected to be the most powerful storm to strike the United States since 2005, is bearing down on the Texas coastline and may make landfall as soon as Friday, August 25. Forecasters say it will likely have...more

“Succeeds to the Interests of” Does Not Require Assumption of Obligations: D&O Policy’s Insured v. Insured Exclusion Applies to...

by Cozen O'Connor on

On February 24, 2017, the Texas Supreme Court reinstated a state trial court ruling that an “insured-versus insured” exclusion barred coverage under a D&O policy for the costs of defending a lawsuit. Because the D&O insurer...more

Sometimes It’s Hard to Waive Subrogation: Pacific Indemnity v. Deming

by Cozen O'Connor on

According to the recent decision of the U.S. Court of Appeals for the First Circuit in Pacific Indemnity Company v. Deming, 2016 WL 3607028, 2016 U.S. App. LEXIS 12374 (July 5, 2016) common contractual provisions that...more

Allocation Clause Held Enforceable in a Duty To Defend D&O Policy

by Cozen O'Connor on

In Housing. Auth. of New Orleans v. Landmark Ins. Co., 2016 U.S. Dist. LEXIS 24419 (E.D. La. Feb. 29, 2016), the court provided a rare analysis of the interplay between a duty to defend in a D&O policy and the allocation...more

Ninth Circuit Finds No Reliance On Auditor’s Qualified Opinions

by Allen Matkins on

In 2009, the Securities and Exchange Commission sued Danny Pang and his two companies for allegedly defrauding investors of hundreds of millions of dollars by misrepresenting investments in the life insurance policies of...more

Business Succession Planning - February 2016

The transition of a family owned or closely-held business is a significant undertaking even with the best laid plan. This article will outline the issues that should be considered by the business owner in transitioning a...more

Kentucky Court Holds D&O Policy Not Triggered By Suit Against Condo Board

In its recent decision in State Auto Prop. & Cas. Ins. Co. v. Highland Terrace Counsel of Co-Owners, Inc., 2015 U.S. Dist. LEXIS 59663 (W.D. Ky. May 7, 2015), the United States District Court for the Western District of...more

Muddying the Waters on Policy Stacking Law: Perspectives on Insurance Recovery Newsletter – Summer 2013

In This Issue: - Federal Housing Finance Agency Proposes New Rules on Lender-Placed Insurance - J.P. Morgan Decision Curtails the Phantom “Restitution Defense” to D&O Coverage - Bad-Faith Claims...more

Mississippi Court Holds D&O Policy Not Triggered By Real Estate Scheme

In its recent decision in State Farm Fire & Cas. Co. v. Anderson, 2013 U.S. Dist. LEXIS 57837 (S.D. Miss. Apr. 23, 2013), the United States District Court for the Southern District of Mississippi had occasion to consider...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

Betterments and Improvements Socializing Losses for Owner Installations

by Pullman & Comley, LLC on

It’s not often that the law expects people to insure property they neither own nor control, but the 2010 amendments to the Common Interest Ownership Act (CIOA) do exactly that by requiring most associations to insure...more

Condominium and New Home Warranties and Rights of Action

by Baker Donelson on

Construction defect issues diminish both the value and enjoyment of homeownership, and are significant problems for homeowners and their associations, as well as potential sources of liability for developers and builders. And...more

When The Left Hand Is Not The Same As The Right

by Jaburg Wilk on

It is commonplace for an owner of real estate to convey their property from one entity that they own or control to another that they also own or control. There are many reasons for such transfers, including, most commonly,...more

Asset and Liability Protection for Your Business or Rental/Investment Property

Asset and Liability Protection for Your Business or Rental/Investment Property If you purchased real estate as part of a business purchase, if you inherited real estate, if you are retired and own properties you want to...more

Ohio Federal District Court Rules That HUD's Sham Joint Venture Guidelines Are Unconstitutional

In a decision that was handed down on June 30, 2010, a United States District Court for the Northern District of Ohio has ruled that HUD's sham joint venture guidelines, as contained in HUD's RESPA Statement of Policy 1996-2...more

Getting Past Thompson v. Harris: A New Standard of Constructive Eviction in Arizona

by Donald W. Hudspeth Provided by Law Offices of Donald W. Hudspeth, PC In 1969 the Arizona Court of Appeals decided Thompson v Harris.1 Thompson the famous (or infamous) welding shop case, dramatically illustrates the...more

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