News & Analysis as of

Real Estate Development Property Insurance

Schwabe, Williamson & Wyatt PC

OP-ED: How to Repair Landslides‎—One Insurance Policy at a Time

If a landowner receives a government order to clean up a landslide on their property, who should pay for it — the property owner or their liability insurer? About 20 times per year, the city of Portland issues an order to...more

DarrowEverett LLP

Aging Florida Condos Provide Developers With Strategic Opportunities

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In the wake of the 2021 Surfside condominium collapse, Florida enacted sweeping changes that affect condominium governance, structural maintenance requirements, and reserve funding obligations. These changes have not only...more

Hogan Lovells

Seeing the light: rights of light in the post protocol era and early resolution of disputes

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We were delighted to be joined by our panel of leading rights of light experts, including Paul Tonkin and Jonathan Karas KC - the authors of the rights of light protocol - and Nathasha Bray and Jerome Webb, who were part of...more

Goodwin

The Climate Premium: How Environmental Risks Are Reshaping CRE Economics

Goodwin on

Columbia’s Pari Sastry shows how the growing disconnect between climate risk and available insurance is transforming commercial real estate....more

J.S. Held

Builder’s Risk: Complexities in Insuring Existing Structures

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Property insurance for projects under construction can be significantly complex. Insuring renovation projects under a builder’s risk policy will often require more care in crafting a policy that provides adequate protection....more

International Lawyers Network

Buying and Selling Real Estate in Scotland (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER SCOTTISH LAW - 1. Introduction - This guide applies to real estate in Scotland only. 2. Tenure - Real estate, both commercial and residential in Scotland may be...more

Cozen O'Connor

Court Denies Developer Insurance Coverage to Repair Defective Construction

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In Curtis Park Group, LLC v. Allied World Specialty Insurance Company (2024 WL 5194886 (10th Cir. 2024)), the U.S. Court of Appeals for the Tenth Circuit determined that an insured real estate developer could not recover the...more

Stoel Rives -  Ahead of Schedule

Lesser-Known Insurance Policies for Addressing Project Risks

Construction projects involve significant risks to project owners, designers, and contractors. Many such risks are allocated in the parties’ contracts, which in turn require those parties to obtain insurance—further...more

Kohrman Jackson & Krantz LLP

Insurance Limits, Inflation, and Skyrocketing Replacement Costs

Unexpected inflation and increasing replacement costs could combine to present an unpleasant surprise to your expectations for property insurance coverage in a time of need. Many tend to think of real estate properties as...more

Carlton Fields

[Webinar] The Aftermath of the Surfside Condo Collapse: Condominium Development, Financing, and Insurance - May 25th, 1:00 pm -...

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The collapse of the Champlain Towers South in Surfside, Florida, last June sent shock waves through the state and around the country, as condominium construction and maintenance came under a microscope and officials and...more

Burr & Forman

Construction & Real Estate E-Note - January 2021

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Resources - Florida Supreme Court Amends Summary Judgment Procedural Rule to Mirror Federal Doctrine - Florida courts have required the moving party to "conclusively disprove" the nonmovant's theory of the case in...more

Troutman Pepper Locke

Maryland Court Holds No Right of Contribution Where A Waiver of Subrogation Precludes Common Legal Responsibility

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Gables Construction, Inc. v. Red Coats, Inc., No. 23, 2020 BL 193791, 2020 MD LEXIS 264 (Md. May 26, 2020) - Upper Rock II, LLC (“Upper Rock”) contracted Gables Construction, Inc. (“GCI”) to construct a multi-building...more

Cozen O'Connor

Texas Federal Court Holds that Named Storm Deductible Applies Even in the Absence of Wind Damage

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Judge Nancy Atlas of the Southern District of Texas cut through competing arguments to resolve a high-profile dispute involving a Hurricane Harvey claim through Contract Interpretation 101....more

Gray Reed

Washed Away: What Rights Do You Have When Your Home is Flooded?

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Bill Deron bought a 100-acre tract next to a creek outside the City of Houston. Deron planned to build a subdivision where some of the homes abut a creek. The other homes would sit about 15 feet higher than the creekside...more

Cozen O'Connor

Wisconsin Supreme Court Narrowly Interprets the “Permanent Property Insurance” Condition in a Builder’s Risk Policy

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In Fontana Builders, Inc. v. Assurance Company of America, Case No. 2014AP821, 2016 WL 3526408 (Wis. Jun. 29, 2016), the Wisconsin Supreme Court addressed whether the purchase of a homeowner’s policy by the occupiers and...more

Benesch

Landmarks - Winter 2015

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In This Issue: - Crowdfunding — What It Is, What to Watch - Spotlight on Insurance: Know the Risks Involved with the Protective Safeguards Endorsement - Reinvestment In Leased Retail Space — Top 10 Legal...more

Proskauer Rose LLP

Sixth Circuit Finds Excess Carrier Had Duty to Indemnify Insured for Property Damage Arising From Alleged Misrepresentations and...

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In a decisively pro-policyholder decision issued by the United States Court of Appeals for the Sixth Circuit in IMG Worldwide, Inc. v. Westchester Fire Ins. Co., Nos. 13-3832, 13-3837 (6th Cir. July 15, 2014), the court...more

Saul Ewing Arnstein & Lehr LLP

Eastern District of New York Dismisses Bad Faith Claims in Dispute Over Property Damage Caused by Hurricane Sandy

433 Main St. Realty, LLC v. Darwin Nat’l Assurance Co., No. 14-cv-587 (NGG) (VMS) (E.D.N.Y. Apr. 22, 2014) - Eastern District of New York dismisses claims for breach of the covenant of good faith and fair dealing and...more

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