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Real Estate Market Property Insurance

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

Goodwin

The Climate Premium: How Environmental Risks Are Reshaping CRE Economics

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

Ballard Spahr LLP

NFIP Extended to March 2025

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The continuing resolution passed by Congress late last week provides for an extension of the National Flood Insurance Program (NFIP) until March 14, 2025. ...more

Woodruff Sawyer

P&C Looking Ahead Guide for 2025: Experts Expect Stabilized Rates

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After years of sustained rate increases, 2025 offers a brighter outlook for commercial insurance buyers. We expect premiums to stabilize or rise modestly, varying by line of business and industry. Increased market competition...more

Butler Weihmuller Katz Craig LLP

Litigating Tile Roof Claims

Hurricane Irma’s landfall in Florida produced an avalanche of property insurance claims throughout the state, the majority of which involved reported damage to roofs.  Though many of these claims were legitimate, enterprising...more

Butler Weihmuller Katz Craig LLP

What to Expect When You Are Adjusting: A Primer for Hurricane Ian Property Claims

​​​​​​​The last week of September, 2022, the State of Florida braced for what was categorized to be one of the worst storms to make landfall in U.S. history. Initially, all weather channels displayed the storm’s trajectory...more

International Lawyers Network

Buying and Selling Real Estate in Latvia (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER LATVIAN LAW - I. STANDARD FORMS OF AGREEMENT - A. Offer to Purchase sets forth Buyer’s offer of price and date for closing. Seller may accept or reject. B. The purchase...more

Cozen O'Connor

Court in Montana Applies Anti-Concurrent Causation Clause to Earth Movement Exclusion

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A district court in Montana recently applied an anti-concurrent clause in a property insurance policy to preclude coverage based on an earth movement exclusion. In Ward v. Safeco Ins. Co. of Amer., No. 1:19-CV-0133-SPW, 2021...more

Lowndes

What Landlords and Tenants Need to Know This Hurricane Season

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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

Cozen O'Connor

Louisiana Federal Court Upholds Applicability of Anti-Concurrent Causation Exclusion for Hurricane Damage

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In a timely reaffirmation of the Fifth Circuit’s 2007 ruling in Leonard v. Nationwide Mut. Ins. Co., a Louisiana federal court recently upheld the application of an insurance policy’s Anti-Concurrent Causation Clause (“ACC”)...more

Cozen O'Connor

Ensuing Loss Clause Does Not Create Coverage for “Collapse” Inseparable from Damage Caused by Excluded Perils

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     In Jowite Limited Partnership v. Federal Insurance Company, the United States District Court for the District of Maryland issued a rare opinion addressing whether “collapse” is a covered “ensuing loss” under an all-risks...more

Butler Weihmuller Katz Craig LLP

Heads I win, Tails You Lose: Southern Owners Insurance Company v. MAC Contractors

On July 29, 2020, the Eleventh Circuit Court of Appeals issued its opinion in Southern Owners Ins. Co. v. MAC Contractors, of Fla., LLC, --- Fed. Appx. ---, 2020 WL 4345199 (11th Cir. July 29, 2020).  While claiming to follow...more

Carlton Fields

Texas District Court Finds Arbitration Required in Hurricane Harvey Dispute and That Independent Adjusting Firm May Join in...

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This action involves plaintiff Living Steward Properties’ insurance claim for property damage caused by Hurricane Harvey. The insurer defendants moved to compel arbitration of the plaintiff’s claims that the insurer...more

Cozen O'Connor

Five Mile Swamp Fire

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On the afternoon of Monday, May 4, 2020, the Five Mile Swamp fire broke out during a permitted, prescribed 240-acre burn in the Pensacola Bay Mitigation Bank located near Milton, Santa Rosa County, Fla. ...more

Robinson+Cole Property Insurance Coverage...

Assignments of Benefits Under Homeowners Insurance Policies: Iowa Supreme Court Rules that Assignment Was Void Because Contractor...

One practice that has plagued the insurance industry in recent years has been contractors soliciting homeowners to make insurance claims after a hailstorm, for example, and then obtaining an assignment of rights to the claim...more

Carlton Fields

New York Appellate Court Affirms Denial of Discovery Into Other Hurricane Sandy Claims

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In Knickerbocker Village Inc. v. Lexington Insurance Co., New York’s Appellate Division, First Judicial Department, dictated a clear rule for single-insured cases regarding the discovery of an insurer’s treatment of insurance...more

Ballard Spahr LLP

Congress Agrees to Extend NFIP Through September 2020

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As part of legislation to fund various federal government agencies after December 20, 2019, the House of Representatives and Senate agreed to extend the National Flood Insurance Program (NFIP) until September 30, 2020....more

Carlton Fields

Connecticut Supreme Court Fortifies Crumbling Foundation Claim Denials in Trio of Insurer Victories

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A year ago, we wrote about a rapidly emerging area of insurance litigation in Connecticut: crumbling foundations. As a quick recap, tens of thousands of homes in northeastern Connecticut built over a span of more than 30...more

Butler Weihmuller Katz Craig LLP

The Evolving Limitations on Appraisers in Florida: Analyzing State Farm Florida Ins. Co. v. Sanders

Appraisers are frequently involved in Florida property claims. Accordingly, Florida courts continue to refine the roles and limitations with respect to appraisers and the appraisal process as a whole. ...more

Carlton Fields

Florida Federal Court Compels Arbitration of Coverage Dispute Under the New York Convention

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The plaintiff sought coverage for property loss due to Hurricane Irma, and the defendant successfully moved to compel arbitration. The plaintiff opposed arbitration, arguing that the subject policy was unsigned and thus did...more

Cozen O'Connor

Insured Made Whole After Subrogation Recovery

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A property insurer, having paid for covered damage, can recover the loss by seeking reimbursement from its insured where the insured has recovered funds from a responsible third-party, or the insurer may pursue a claim...more

Cozen O'Connor

Free Ride on RCV? Not So Fast!

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Most property insurance policies condition the payment of replacement cost value (RCV) on the property first being replaced or repaired, and courts typically enforce that requirement. ...more

Robinson+Cole Property Insurance Coverage...

New Statutory Framework Confronts Florida’s AOB Crisis

A new law represents a major step forward to remedy Florida’s assignment of benefits (“AOB”) crisis, which Florida Governor Ron DeSantis has described as a “racket” in recent years....more

Butler Weihmuller Katz Craig LLP

What Baseball Has Taught Me About The Insurance Appraisal Process

Anyone who has ever watched baseball knows that umpires sometimes make an incorrect call. In appraisal of a property insurance claim, sometimes the umpire can make a mistake as well....more

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