- Which State’s Law Applies to The Property Insurance Policy? Florida Looks to Where the Property…by Chip Merlin on May 25, 2022 at 4:42 pm
States have different laws that apply to property insurance contracts. This blog writes about the variances of those state laws all the time. For example, in Florida, absent a provision in the […]
- Superfund Chemical Taxes Reinstatedby Anthony B. Cavender on May 25, 2022 at 1:56 pm
Section 80201 of the Infrastructure Investment and Jobs Act of 2021, Public Law 117-58, reinstates the long-expired federal excise taxes that are imposed on specified chemical substances used in […]
- Your Insurer Can Issue You a Policy While Planning to Underwrite it Laterby Daniel Veroff on May 24, 2022 at 5:59 pm
Agents and carriers don’t tell their customers that they’ll inspect to see if they ever wanted to insure them in the first place after issuing a policy. In California, the law gives this right to […]
- The risks of investing in startupsby msmithcontentcustoms on May 23, 2022 at 9:55 pm
As an investor, you’ve long focused on trying to help startups. You do this because there is the potential for tremendous growth. Everyone talks about wanting to have invested in Microsoft back […]
- Reflection About Historical Policy Change and Depreciation of Partial Losses Requiring Only Repairby Chip Merlin on May 23, 2022 at 11:50 am
The two blogs which I have written over the weekend, Replacement Cost Policies Were Originally Illegal Out of Concern For Fraud and Arson and Should Depreciation Be Taken On Partial Losses […]
- Should Depreciation Be Taken On Partial Losses Requiring Only Repair?by Chip Merlin on May 22, 2022 at 8:01 pm
When I was a young attorney, one of the issues which always came up at property insurance adjuster conferences was whether it was appropriate to take depreciation when only a repair was needed to a […]
- What impact does a mechanic’s lien have on an owner?by On Behalf of Law Office of Tom Murphy on May 22, 2022 at 6:16 pm
When there is a disagreement between a contractor who does work on a house and the person who owns the property, the dispute can delay payments for the project. Frustrated service providers and also […]
- Replacement Cost Policies Were Originally Illegal Out of Concern For Fraud and Arsonby Chip Merlin on May 21, 2022 at 5:45 pm
The typical property insurance policy allowing for replacement cost valuation is often taken for granted today. A hundred years ago, the product was commercially unavailable. Concerns for incenting […]
- Neighbor cannot compel city to enforce zoning ordinanceby jsinger on May 21, 2022 at 1:28 pm
The Florida Supreme Court has held that cities cannot be compelled to enforce zoning laws. In City of West Palm Beach v. Haver, 2021 Fla. LEXIS 1572 (Fla. 2021), a neighbor sought a court order to […]
- Foreclosure sale cannot be set aside even though the foreclosure price was only nine percent (9%)…by jsinger on May 21, 2022 at 1:28 pm
In a demonstration of the broken nature of our foreclosure system, the Alaska Supreme Court held in Thomas v. Joseph P. Casteel Trust, 496 P.3d 403 (Alaska 2021), that a foreclosure was lawful even […]
- Washington Supreme Court holds racial covenants in public records must be retained but can be…by jsinger on May 21, 2022 at 1:27 pm
Construing a state statute, Wash. Stat. §49.60.227, the Washington Supreme Court held that racial covenants cannot be completely excised from public records. The court determined that the statute […]
- Covenants cannot be amended retroactively if this violates homeowners’ legitimate expectationsby jsinger on May 21, 2022 at 1:26 pm
he Arizona Supreme Court has limited the powers of homeowners associations to amend covenants retroactively when those amendments would unfairly surprise buyers who were not on notice of them when […]
- Covenants that prohibit all leasing restrictions include short-term rentalsby jsinger on May 21, 2022 at 1:25 pm
The Texas Supreme Court has held that covenants that prohibit all restrictions on leasing cannot prohibit short term rentals, finding that a lease is still a lease if it only lasts for one […]
- Extended stay hotel residents are tenantsby jsinger on May 21, 2022 at 1:25 pm
A Georgia court has ruled that residents of extended stay hotels should be classified as tenants with the protections granted by landlord-tenant law. That means they can be removed only by court […]
- Covenants can burden future interests, at least where environmental protection is concernedby jsinger on May 21, 2022 at 1:24 pm
A California appellate court interpreted a conveyance to include both a fee simple subject to condition subsequent with a right of entry in the grantor and a conservation easement limiting the […]
- Tribal title can only be extinguished by federal, not state, lawby jsinger on May 21, 2022 at 1:24 pm
In a reaffirmation of longstanding doctrine, a federal court in New York has applied the Trade and Intercourse Act of 1790, as amended, 25 U.S.C. §177 (the “Nonintercourse Act”), to hold that […]
- No prescriptive easements for light and airby jsinger on May 21, 2022 at 1:23 pm
Re-affirming a longstanding common law rule, a Maryland court has held that land use that interferes with a neighbor’s desire for unobstructed light and air neither constitutes a nuisance nor can […]
- Recorded covenants can run with lands the grantor does not own if owners of those lands ratify the…by jsinger on May 21, 2022 at 1:23 pm
The Utah Supreme Court has held that a landowner who recorded covenants on land he did not own were potentially binding on subsequent owners of that land if they engaged in acts that ratified the […]
- Restoration Association Accuses Florida Insurance Commissioner of Unconstitutional Conductby Chip Merlin on May 20, 2022 at 3:38 pm
A lawsuit filed by the Restoration Association of Florida has accused Florida’s Insurance Commissioner, David Altmaier, of acting in concert with the insurers he regulates to unconstitutionally […]
- What Constitutes Cooperation with an Insurer’s Claim Investigation in California – Ensuring…by Victor Jacobellis on May 19, 2022 at 10:00 am
Almost all property insurance policies require that the insured “assist and cooperate” in an insurer’s investigation. If an insured fails to “cooperate,” an insurer may have the right to […]
- Real Estate & Construction News Round-Up (05/18/22)by Pillsbury’s Construction & Real Estate Law Team on May 18, 2022 at 4:22 pm
Businesses renovate office spaces at a historic pace, China plans to build a 3D-printed hydropower dam without human workers, the U.S. infrastructure package has thousands of projects underway, and […]
- Do Municipal Gas Bans Slow the Clean Hydrogen Transition in Real Estate?by Sidney L. Fowler, Robert G. Howard and Emily Huang on May 18, 2022 at 3:49 pm
Clean hydrogen has the potential to play a significant role in the energy transition by serving as a carbon-free form of energy storage and heat production. In real estate, hydrogen could provide […]
- An Appraisal Clause From 1793by Chip Merlin on May 18, 2022 at 2:03 pm
A History of the Insurance Company of North America was written in 1885. The book has a copy of a 1793 marine insurance policy with standard language containing an insurance clause:1 Bob Norton of […]
- 5G Technology and the IoT Introduce New Regulatory and Security Concerns for Developersby Lee G. Petro on May 17, 2022 at 6:05 pm
Over the last several years, the proptech movement has become entrenched in the lexicon of the real estate industry as developers use the term as a catch-all term for using technology in the […]
- Steps in the evictions of residential tenants in Californiaby wreedcontentcustoms on May 17, 2022 at 4:59 pm
Most landlords hope that each tenant they lease property to will abide by the lease and pay their rental payments on time. While there are very responsible renters who will do this, there are often […]
- Were Older Appraisals Arbitration? One Older Appraisal Clause Clearly Was Not an Arbitration Clauseby Chip Merlin on May 17, 2022 at 11:53 am
Ever get so curious about something that is not so meaningful, but you just have to know the answer to satisfy your curiosity? I have been on a very nerdy quest about older appraisal clauses in […]
- Panic Is Setting In – The Housing Market Must Be About to Crashby David Blattner on May 16, 2022 at 9:57 pm
Over the last few days, I have been flooded with articles about one mortgage company after another laying off hundreds, or thousands of employees because over the last several weeks, mortgage […]
- Quiet Title Statute of Limitations – When is a Defendant no Longer in Undisputed Possession of…by Law Office of James J. Falcone on May 16, 2022 at 3:40 pm
In quiet title actions a common defense is the statute of limitations – has the plaintiff waited too long to file suit? Generally, the clock does not run while the defendant is in “undisturbed […]
- Rising Interest Rates Leads to Slight Uptick in Housing Inventoryby Oppenheim Law on May 16, 2022 at 12:48 pm
As we indicated in our recent blog, increasing interest rates and home prices led to the consumer behavior of increasing home sales due to buyers’ having a fear of missing out as concern grew that […]
- Will Managed Repair Be Found in Most Property Insurance Policies?by Chip Merlin on May 16, 2022 at 10:00 am
Steve Badger claimed that many more insurance companies will be placing managed repair options into insurance policies. During our debate at the Lloyd’s Property Insurance Claims Group Conference […]
- Smart Building and Smarter Protocols: Mitigating IoT Cybersecurity Risks in Commercial Real Estateby James W. McPhillips, Rachel G. Newell and S. Michelle Ki on May 12, 2022 at 3:17 pm
From our homes to our workplaces, the deployment of smart technology is becoming increasingly prevalent. The Wall Street Journal notes that smart-building-related companies raised $2.88 billion in […]
- Real Estate & Construction News Round-Up (05/11/22)by Pillsbury’s Construction & Real Estate Law Team on May 11, 2022 at 4:16 pm
The supply of homes for sale is on the uptick, the White House releases a plan to improve the permitting process for infrastructure projects, cryptocurrency opens the door to a new class of property […]
- Who really owns access to the river in your backyard?by On Behalf of Law Office of Tom Murphy on May 10, 2022 at 8:26 pm
If there is a river or other waterway located on your property, you may wonder if you have a right of access to it. Since it’s on your property, you would think that you would have access, but that […]
- Red flags when contracting for someone you knowby On Behalf of Law Office of Tom Murphy on May 10, 2022 at 7:15 pm
Your neighbor finally got enough money together to add on the sunroom they’ve always wanted. Knowing you’re a contractor, they would like you to build it for them. You’ve never been hired by a […]
- 3 ways commercial loans are different than mortgagesby msmithcontentcustoms on May 9, 2022 at 11:30 pm
Many people choose to buy real estate rather than lease it so that their monthly payments lead to accrued equity. Businesses may decide to buy their premises for the same reason. The facilities that […]
- 3M Earplugs Lawsuit Update: Massive $2.2M Verdict for Veteran Against 3Mby Oppenheim Law on May 9, 2022 at 9:10 pm
Following up to our recent post regarding a judge denying 3M’s request for discovery, a massive $2.2M verdict has just been awarded last week due to defects in 3M’s CAEv2 earplugs, which was […]
- Mother’s Day 2022 Messageby Oppenheim Law on May 7, 2022 at 11:46 am
Dear Friends: In 1849, the French writer Jean-Baptiste Alphonse Karr penned “The more things change, the more things stay the same.” While we all may not entirely agree with this quote, […]
- 5 common causes of partnership disputes and why you need an attorneyby gturnercontentcustoms on May 5, 2022 at 6:11 pm
Partnership disputes aren’t all that uncommon. People often start out as partners with the same goals in mind, but as the business grows and changes, their preferences may change. One person may […]
- NFT Use Cases in Real Estateby Megan L. Jones and David W. Wright on May 5, 2022 at 3:00 pm
Non-Fungible Tokens (NFTs) are changing how we think about asset ownership in the real world and in the digital world. NFTs—unique digital tokens stored on a blockchain ledger that represent […]
- Real Estate & Construction News Round-Up 05/04/22by Pillsbury’s Construction & Real Estate Law Team on May 4, 2022 at 6:58 pm
Construction payment apps are on the rise, the European Union proposes to block Russians from buying European real estate, warehouse vacancy rates hit a 27-year low, and more. The Metaverse Group has […]
- When you discover major property issues after making an offerby lbaxtercontentcustoms on May 4, 2022 at 5:54 pm
For many people, purchasing real estate is a straightforward process. They tour properties they like, make an offer and then sign paperwork later. Unfortunately, there are occasional disruptions in […]
- Why Brokers Should Consider a Land Use Attorneyby Jeremy Shir on May 3, 2022 at 2:25 pm
As brokers, you are constantly looking at ways to maximize value for your clients. Whether you represent sellers or buyers, you may be missing out on huge opportunities by not engaging in land use […]
- Developments in Energy and Environmental Regulation: The View From Austinby Pillsbury’s Construction & Real Estate Law Team on May 2, 2022 at 10:11 pm
Pillsbury’s Anne Idsal Austin moderated a Federal Bar Association (Houston Chapter) panel discussion with Erin Chancellor, Director of Legal Services at the Texas Commission on Environmental […]
- 3M Earplugs Lawsuit Update: Judge Denies 3M’s Bid for Discovery and Deems it “Impossible”by Oppenheim Law on April 29, 2022 at 8:26 pm
In what can be seen as a victory for our servicemen and women who have suffered hearing complications due to 3M’s defective earplugs, a Florida federal judge has denied 3M’s bid requesting that […]
- Proactive and Realistic: Anticipating ESG-Related SEC Scrutinyby David Oliwenstein on April 29, 2022 at 7:20 pm
Though ESG has been around for a while, with roots that extend back to the environmental sustainability movement, the script for current ESG litigation and investigations is still being written. ESG […]
- Who is responsible for maintaining an easement?by On Behalf of Law Office of Tom Murphy on April 27, 2022 at 10:25 pm
In a perfect world, everyone would have direct access to their home and unilateral control over what they do with their property. However, the reality is not always so simple. One such instance of […]
- Reasons you may not get your security deposit backby gturnercontentcustoms on April 26, 2022 at 6:37 pm
Before moving into a rental unit, chances are your landlord will require you to pay a security deposit. And when the time to move comes around, you will be delighted to know that your security […]
- Fear of Missing Out Fuels Housing Marketby Oppenheim Law on April 25, 2022 at 8:18 pm
While both interest rates and home prices in South Florida have increased, there is still an upsurge in real estate investment and purchases. Typically, rising mortgage rates and higher than normal […]
- Homeowner Associations Push Back Rental Investorsby Oppenheim Law on April 21, 2022 at 2:27 pm
There is a rise in homeowner associations attempting to block investors from purchasing residential properties for rental purposes. These groups claim that, by having companies buying rental […]
- Why you need to read a commercial lease carefully before signingby wreedcontentcustoms on April 20, 2022 at 5:55 pm
If your business is expanding or opening a new location, or if you are opening your first location, it’s an exciting time. Chances are, you want to get all the paperwork out of the way as quickly […]