Real Estate Law

Recent Posts

Bullivant Houser Bailey PC: California Adopts "All-Sums-With-Stacking" Doctrine for Continuous and Progressive Property Damage Liability Claims
Posted on 12 Sep 2012 by Bullivant Houser Bailey PC

By Andrew B. Downs , William J. Rusteen Last week, the California Supreme Court issued its long-awaited ruling in State of California v. Continental Insurance Company , --- P.3d ----, 2012 Cal. LEXIS 7324 (Aug. 9, 2012). The court adopted an "all... Read More

Foreclosure Destroys Insurable Interest
Posted on 6 Sep 2013 by Barry Zalma

Every first party property policy of insurance requires that the person insured have an insurable interest in the property, the risk of loss of which was sought to be insured. The policy limits coverage to the extent of the insurable interest. If there... Read More

Troutman Sanders LLP: 4th Circuit Limits Insurer’s Liability for Lead Poisoning
Posted on 13 Feb 2012 by Troutman Sanders

By Karen Ventrell and Gabriela A. Richeimer Relying on the plain meaning of an insurance contract, the United States Court of Appeals for the Fourth Circuit held that an insurer's obligation to indemnify its insured is limited to that portion of... Read More

State Net Capitol Journal Legislative Updates: Super Storm Sandy Victims Take Another Financial Hit
Posted on 20 May 2013 by State Net

SUPER STORM SANDY VICTIMS TAKE ANOTHER FINANCIAL HIT: Thousands of vacation home and business owners in coastal areas of New Jersey slammed by Hurricane Sandy last October are getting hit with big increases in their flood insurance premiums this year... Read More

Property Insurance Only Insures the Interest of the Person Insured: Only the Risk of Loss of Property Is Insured
Posted on 5 Aug 2013 by Barry Zalma

The Seventh Circuit Court of Appeals was asked to determine that although no repairs were performed on a damaged structure the insured was entitled to recover the depreciation holdback because it waived the time limit for repair. Before any repairs were... Read More

Bullivant Houser Bailey PC: Nevada Supreme Court Finds An Earth Movement Exclusion Ambiguous
Posted on 25 May 2011 by Bullivant Houser Bailey PC

By Andrew B. Downs , Kristol Bradley Ginapp The Nevada Supreme Court recently held that a property insurance policy's earth movement exclusion was ambiguous because, unlike some other earth movement exclusions, it did not state clearly whether... Read More

McNees Wallace & Nurick LLC: Theft of Your Property While Contractors Have Access to Your Facility: Does Your Insurance Cover It?
Posted on 27 Aug 2012 by McNees Wallace & Nurick LLC

By Geoffrey B. Fehling Business owners routinely grant access to company facilities and property to third-parties for many reasons, from cleaning and organizing a warehouse to inspecting and repairing machinery. In the course of these business dealings... Read More

Vetstein Law Group: “All Risk” Property Insurance Coverage Doesn’t Mean Every Risk
Posted on 18 Jul 2012 by Vetstein Law Group, P.C.

By Richard D. Vetstein, ESQ Insured Gets The Short End Of The Insurance Coverage Stick For Parking Lot & Building Flooding The Massachusetts Supreme Judicial Court has not been too kind to insureds these days. For the second time in 2 months... Read More

Vetstein Law Group: Can Massachusetts Landlords Legally Require That Tenants Buy Renter’s Insurance?
Posted on 21 Mar 2012 by Vetstein Law Group, P.C.

By Richard D. Vetstein, ESQ Renter's Insurance Policy Raises Questions I've recently become aware that some Massachusetts landlords are requiring that tenants procure their own policy of renter's insurance as a condition of leasing.... Read More

Willful & Wanton Conduct: Malicious Conduct That Causes Damage is Vandalism
Posted on 28 Oct 2013 by Barry Zalma

The United States Court of Appeals for the Second Circuit asked the highest court in New York two questions relating to a property insurance policy covering acts of “vandalism.” (1) For purposes of construing a property insurance policy... Read More

Bullivant Houser Bailey PC: Washington Supreme Court Addresses "Ensuing Loss" Provisions, the "Efficient Proximate Cause" Rule, and the Definition of "Collapse"
Posted on 18 Jun 2012 by Bullivant Houser Bailey PC

By Jerret E. Sale , Daniel R. Bentson On May 17, 2012, the Washington Supreme Court issued two new opinions addressing "ensuing loss" provisions (also known as "resulting loss" provisions), the "efficient proximate cause"... Read More

The Increasing Complexity of Condominium Property Insurance
Posted on 11 Jun 2012 by Douglas Scott MacGregor

In this Analysis, Douglas Scott MacGregor* discusses the evolving requirements and problems involved in providing property insurance in condominium projects. He explains the complex nature of condominium ownership and analyzes pertinent statutory requirements... Read More

Bullivant Houser Bailey PC: California Court Applies MacKinnon In Property Insurance Dispute, Finds Pollution Exclusion Applies
Posted on 24 Aug 2011 by Bullivant Houser Bailey PC

By Samuel H. Ruby A California Court of Appeal has held that the release of asbestos in and about a condominium complex during the scraping of acoustical "popcorn" ceiling falls within a property insurance policy's pollution... Read More