News & Analysis as of

Zoning, Planning & Land Use Insurance

Read Zoning, Planning & Land Use updates, news, and legal analysis from leading lawyers and law firms:

Premises Pollution Liability Policy: Missouri Appellate Court Addresses Insurance Coverage Issue

The Missouri Court of Appeals (Eastern District) addressed in a December 19th opinion a coverage issue involving a Premises Pollution Liability Policy (“ PPL policy”). See Hazelwood Logistics Center, LLC v. Illinois Union...more

California Court Holds Insured’s Activities Not an Occurrence

In its recent decision in Henstooth Ranch LLC v. Burlington Ins. Co., 2018 U.S. Dist. LEXIS 1176 (N.D. Cal. Jan. 3, 2018), the United States District Court for the Northern District of California had occasion to consider...more

Self-Insurance for Companies with Multiple Cleanup Liabilities Presents Financial and Environmental Risks for EPA and the Public:...

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a December 22nd report titled: Self-Insurance for Companies with Multiple Cleanup Liabilities Presents Financial and...more

Real Property, Financial Services, & Title Insurance Update: Weeks Ending November 3 & 10, 2017

by Carlton Fields on

REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE TITLE INSURANCE UPDATE - Misrepresentation: developer entitled to directed verdict on claims of fraudulent and negligent misrepresentation asserted by condominium association...more

Combating climate change: NYDFS calls on insurance industry to help

by Hogan Lovells on

On 26 July 2017, the New York Department of Financial Services (the “NYDFS”) issued Circular Letter No. 9 (2017) (the “Circular Letter”) and a corresponding press release, directed at all life, property/casualty, and health...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: Released after 11:30 a.m. SC19568, SC19569 - Mayer v. Historic District Commission - The statutory grounds for aggrievement for zoning appeals do not apply to Historic...more

French Legal and Regulatory Update – March 2017

by Hogan Lovells on

The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e-newsletter, which offers a legal and regulatory update covering France and Europe for March 2017. Please see full...more

West Coast Real Estate Update: March 2017

by Holland & Knight LLP on

Gov. Brown Opposes Measure S - In a statement published less than two weeks before Los Angeles' Consolidated Municipal and Special Elections to be held on March 7, 2017, California Gov. Jerry Brown came out in opposition...more

Appellate Court Notes

by Pullman & Comley, LLC on

AC37979 - Meadowbrook Center, Inc. v. Buchman - Nursing home sued son/guarantor of patient and obtained a judgment for $45,000. The guarantee agreement allowed the nursing home to seek attorney fees. The son appealed...more

Seeing is Believing: ALTA’s New Survey Standards

by Dechert LLP on

For those of you who read our commentary regularly, you’ll see that we span the commentariat world from musings of perhaps little practical utility but great import (at least to us) to the more mundane. Today, mundane. Let’s...more

Court Discusses Slayer Rule in Texas And Affirms Judgment For Bank That Froze Account

by Winstead PC on

Preface to Case: The Texas Constitution states that “[n]o conviction shall work corruption of blood, or forfeiture of estate.” Tex. Const. Art. I § 21 (emphasis added). The Texas Estates Code also states as much. Tex. Est....more

Oregon Environmental Update: 9th Circuit Finds a Request for Information Letter From EPA Satisfies "Suit" Requirement and Triggers...

by Selman Breitman LLP on

On May 11, 2016, in Ash Grove Cement Co. v. Liberty Mutual Ins. Co., No. 14-35298, in an unpublished Memorandum Opinion, the Ninth Circuit affirmed the District Court’s ruling that under Oregon Law, Liberty Mutual and USF&G...more

El mercado estadounidense de P3 está maduro para crecer

by Bilzin Sumberg on

Con una infraestructura obsoleta y escasez presupuestaria por parte del gobierno, las colaboraciones público-privadas (“P3”) han dejado de ser una idea nueva para convertirse en una opción cada vez más factible de...more

No Surprises in Recent Vested Rights Decision: Fry v. City of Los Angeles

by Nossaman LLP on

The recent decision in Fry v. City of Los Angeles (California Second District Court of Appeal Case No. B259791, March 7, 2016) held, after careful parsing of the language in the City Charter and the applicable City...more

Texas Tornadoes: Why Risk Mitigation Matters

by Zelle LLP on

On Dec. 26, 2015, 12 confirmed tornadoes struck the North Texas area, killing 13 people.[1] Property damage resulting from the tornadoes is currently estimated at $1.2 billion. According to the National Oceanic and...more

New Flood Hazard Maps Released for Boston

by Goulston & Storrs PC on

After several years of study and an appeal by the City of Boston, the Federal Emergency Management Agency (FEMA) has updated Flood Insurance Rate Maps (FIRMs) for Boston, Chelsea, Revere and Winthrop, which become effective...more

Entrepreneurial Code of the Republic of Kazakhstan

by Dentons on

On 29 October 2015, the RK Entrepreneurial Code was passed. It will be effective (except for some provisions) as of 1 January 2016....more

Appellate Court Notes

by Pullman & Comley, LLC on

SC19309 - Staton v. Commissioner of Correction - SC19195 - Campos v. Coleman - SC19195 Dissent - Campos v. Coleman - In a 4-3 split decision the Court insured that the cost of living will be going up in...more

Virginia Holds Determination Whether Insurer Acted In Bad Faith Must Be Made By The Judge And Not The Jury

by Cozen O'Connor on

This country’s courts are split on whether the decision to award attorney’s fees in bad faith litigation should be made by the judge or the jury. Earlier this fall, Virginia aligned itself firmly with the former in Revi, LLC...more

The Animas Spill: EPA Liability and Insurance Coverage

by Perkins Coie on

When a contractor for the Environmental Protection Agency accidentally released three million gallons of contaminated mining work wastewater into the Animas River in August 2015, the EPA immediately took responsibility, as it...more

True To Form: Eleventh Circuit Rules Rejects Penalties for Non-Conforming Policies

by Carlton Fields on

Insurance contracts are subject to numerous statutes and regulations specifying whether and how certain facts must be disclosed, certain coverages must be offered and certain coverage options must be accepted or declined. ...more

North Carolina General Assembly Week in Review

by McGuireWoods LLP on

House and Senate members passed a continuing resolution (CR) this week that will fund state government on a temporary basis until August 14, staving off a June 30 budget deadline which marked the end of the fiscal year. The...more

Oklahoma Holds Question of Whether Fracking Causes Earthquakes is for the Courts to Decide.

by Cozen O'Connor on

The issue of whether hydraulic fracturing or “fracking” causes earthquakes has first-party insurance implications because policies typically exclude damage from tremors attributable to man-made causes as opposed to purely...more

Pennsylvania Joins Oklahoma, Bans Homeowners Insurers From Attributing Earthquakes to Fracking

by Cozen O'Connor on

Last month we reported that the Oklahoma Insurance Commissioner had issued a bulletin cautioning earthquake insurers against denying claims on the basis that the quake was attributable to a man-made cause, which is to say oil...more

Supreme Court of Texas Examines an Anti-Concurrent Causation Clause for the First Time

In JAW The Pointe, L.L.C. v. Lexington Ins. Co., 2015 Tex. LEXIS 343 (Tex. Apr. 24, 2015), the Supreme Court of Texas had occasion to consider an insurance clause that federal courts and lower courts of appeals have...more

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