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Landlords Property Insurance

Lowndes

What Landlords and Tenants Need to Know This Hurricane Season (UPDATED)

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The 2024 Atlantic hurricane season starts this Saturday and runs until November 30. According to the National Oceanic and Atmospheric Administration (NOAA), this season is expected to be busier than usual. The increased...more

Butler Weihmuller Katz Craig LLP

Thanks to an Unruly Cat, the Tennessee Court of Appeals Reaffirms the Sutton Rule

A recent ruling by the Tennessee Court of Appeals in Patton v. Pearson1 upheld the ‘Sutton Rule’ in a subrogation action following a house fire at a rental property. The court’s decision emphasizes the crucial role of lease...more

Cozen O'Connor

Structuring Lease Agreements To Maximize Subrogation Recoveries

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One of the most frustrating scenarios in the subrogation world is when a promising claim with clear liability on the part of a tenant is barred or limited based on lease language. When it comes to lease agreements, a...more

White and Williams LLP

Gone Fishing: Tenant’s Insurer Casts A Line Seeking To Subrogate Against The Landlord

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vIn J&J Fish on Ctr. Str., Inc. v. Crum & Forster Specialty Ins. Co., No. 20-cv-644-bhl, 2022 U.S. Dist. LEXIS 16361, the United States District Court for the Eastern District of Wisconsin (District Court) recognized that...more

Lowndes

What Landlords and Tenants Need to Know This Hurricane Season (UPDATED)

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This year, forecasters at the National Oceanic and Atmospheric Administration are predicting another above-average Atlantic hurricane season, which runs June 1 through November 30. NOAA is predicting between 14 and 21 named...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - March 2022

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Fourth Department Holds Landlord Covered As Additional Insured Under Tenant’s Policy For Accident On Driveway Of Leased Premises- Technology Insurance Company, as the liability insurer for a landlord, filed a declaratory...more

Cozen O'Connor

Court Rewrites Insurance Policy to Create Defense Obligation in Favor of “Implied Coinsured” Tenant

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Sheckler v. Auto-Owners Insurance Company, 2021 WL 493226, 2021 Ill. App. LEXIS 593 (Oct. 23, 2021), a decision of the Appellate Court of Illinois, Third Judicial District, concluded that principles of equity justified...more

White and Williams LLP

Kaboom! Illinois Applies the Anti-Subrogation Rule to Require a Landlord’s Subrogating Property Insurer to Defend a Third-Party...

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In Sheckler v. Auto-Owners Ins. Co, 2021 IL App (3d) 190500, 2021 Ill. App. LEXIS 593, Auto-Owners Insurance Company (Insurer) paid its insured, Ronald McIntosh (McIntosh), for property damage following a fire in an apartment...more

Lowndes

What Landlords and Tenants Need to Know This Hurricane Season

Lowndes on

This year, forecasters at the National Oceanic and Atmospheric Administration correctly predicted another above-average Atlantic hurricane season, which runs June 1 through November 30. With Hurricane Ida leaving devastation...more

White and Williams LLP

An Insured In-Part: Michigan Court Holds That Tenant Is an Implied Co-Insured on Landlord’s Property Insurance Only With Respect...

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In Westfield Inc. Co. v. Ritcher, No. 20-CV-12692, 2021 U.S. Dist. Lexis 94926, the United States District Court for the Eastern District of Michigan considered whether a residential tenant was an implied co-insured on the...more

Winstead PC

SMU Annual Texas Survey - Article 13, Vol. 6

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This article covers cases from Southwestern Reporter (Third) volumes 560 through 580 and federal cases during the same period that the authors believe are noteworthy to the jurisprudence on the applicable subject. This...more

Cohen Seglias Pallas Greenhall & Furman PC

Navigating the New Normal: Risk Management and Legal Considerations for Real Estate Companies

As the world continues to reopen, landlords—both residential and commercial—need to understand their responsibilities for creating a safe and secure property for their tenants and employees. In this webinar, a panel of real...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Navigating the New Normal: Risk Management and Legal Considerations for Real Estate Companies - October 6th, 12:00 pm -...

As the world continues to reopen, landlords—both residential and commercial—need to understand their responsibilities for creating a safe and secure property for their tenants and employees. In this webinar, a panel of real...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights - Issue 20, August 2020

This 20th edition of Unprecedented, our weekly update on COVID-19-related litigation, finds both plaintiffs and defendants with reasons to celebrate. Insurance carriers avoided consolidation of coverage disputes in...more

McManis Faulkner

6 Key Things to Consider When Leasing Commercial Property

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Leasing commercial space differs from renting a home. Whether you need office, retail, or industrial buildings for your business, commercial properties have their own unique issues, which must be addressed early on. A proper...more

White and Williams LLP

Pennsylvania Superior Court Fires up a Case-By-Case Analysis for Landlord-Tenant, Implied Co-Insured Questions

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In Joella v. Cole, 2019 PA Super. 313, the Superior Court of Pennsylvania recently considered whether a tenant, alleged by the landlord’s property insurance carrier to have carelessly caused a fire, was an implied co-insured...more

White and Williams LLP

Tenants Who Negligently Cause Fires in Florida Beware: You May Be Liable to the Landlord’s Insurer

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n Zurich Am. Ins. Co. v. Puccini, LLC, 2019 Fla. App. LEXIS 1487, 44 Fla. L. Weekly D 383, Florida’s Third District Court of Appeals considered whether a landlord’s carrier, Zurich American Insurance Company (Zurich), was...more

White and Williams LLP

Indiana Court of Appeals Holds That Lease Terms Bar Landlord’s Carrier From Subrogating Against Commercial Tenant

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In Youell v. Cincinnati Ins. Co., 2018 Ind. App. LEXIS 497 (2018), the Court of Appeals of Indiana considered whether a landlord’s carrier could bring a subrogation claim against a commercial tenant for fire-related damages...more

White and Williams LLP

Connecticut Supreme Court Holds That Landlord’s Insurer Can Pursue Equitable Subrogation If Lease Requires Tenant Have Insurance...

In Amica Mutual Insurance Company v. Muldowney, 328 Conn. 428 (2018), the Connecticut Supreme Court considered whether a landlord’s insurance carrier could subrogate against the landlord’s tenants for property damage when the...more

Gray Reed

Commercial Leases Underwater from Harvey

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Because of Hurricane Harvey, oil and gas production company Gonzales Energy and its owner Paunscho are treading water. Rising hurricane flood waters destroyed his files, water-logged his computers and ruined office equipment...more

Snell & Wilmer

Serial Plaintiffs Are Filing Waves of Disability Cases

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Hotels, restaurants and retail establishments have been flooded with new lawsuits filed by serial plaintiffs that allege that a property (a place of public accommodation) is in violation of Title III of the Americans with...more

Carlton Fields

Real Property & Title Insurance Update: Weeks Ending April 29 & May 6, 2016

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REAL PROPERTY UPDATE - Foreclosure/Requests for Admission: trial court erred by involuntarily dismissing foreclosure action based solely on lender’s failure to respond to requests for admission because lender’s...more

Pullman & Comley, LLC

Appellate Court Notes

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Appellate Court Advance Release Opinions - AC36506 - Sidorova v. East Lyme Board of Education - Due to budget cuts, the Board of Education laid off the plaintiff who was a tenured French teacher. She sued for...more

Pullman & Comley, LLC

Not-So-Sudden Impact: Insurers Face A New Breed Of Claim Under the Fair Housing Act (Part 1 of 3)

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Late in June, in Texas Dept. of Housing v. Inclusive Communities, No. 13–1371 (U.S. June 25, 2015), the U.S. Supreme Court ended years of debate by embracing a “disparate impact” claim against a housing authority under the...more

Proskauer - Insurance Recovery & Counseling

Divided New York Court of Appeals Holds That Under Noncumulation Clause Only One Limit Is Available to Cover Multiple Claims

In Nesmith v. Allstate Insurance Co., New York’s highest court, over a two-judge dissent, held that under the noncumulation clause in a landlord’s liability policy, only one limit was available to cover claims by children...more

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