- How Do Judges Appoint Umpires in an Appraisal? A Case Example from Louisianaby Chip Merlin on November 29, 2023 at 10:05 pm
How do judges appoint an umpire in an appraisal? Most appraisal clauses say words to this effect: If the appraisers do not agree on the selection of an umpire within 15 days, they must request […]
- Rulemaking to Modernize, Expand DOI’s “Type A” Natural Resource Damage Assessment Rules…by Amanda G. Halter, Jillian Marullo and Ashleigh Myers on November 29, 2023 at 7:26 pm
The U.S. Department of the Interior (DOI) anticipates proposing a new rule that would revise its “Type A” Natural Resource Damage Assessment (NRDA) regulations under the Comprehensive […]
- Ethics For Public Adjusters—What Does Acting as a Fiduciary Mean?by Chip Merlin on November 28, 2023 at 4:08 pm
Some states seem to be indicating that public adjusters act as fiduciaries for their policyholder clients. For example, Kentucky states that all adjusters “shall act in a fiduciary capacity on […]
- Colorado Division of Insurance Issues Updated Request for Marshall Fire ALE Extension by Matthew Stalcup on November 27, 2023 at 8:00 pm
Colorado Division of Insurance (DORA) Commissioner Michael Conway has issued a new request to homeowners insurance companies to extend Additional Living Expenses (ALE) benefits for those affected by […]
- The Specified Causes of Loss and Falling Objects—Can Debris Travelling Down a Mountain Be a…by Chip Merlin on November 27, 2023 at 2:30 pm
A condominium made a claim arguing that unstable excavation material, which became heavy enough due to spring runoff, fell down a mountainside, causing damage to the condominium.1 The condominium […]
- What Are the Specified Perils? What Is Falling Objects?by Chip Merlin on November 26, 2023 at 6:36 pm
Property insurance adjusters sometimes ask me whether a loss comes within the “specified perils” coverage of the policy. What does “specified perils” mean? When one goes to the […]
- Falling Objects Coverage – Are You Covered For That Tree Limb That Just Came Through Your Roof?by Yanet Cordova Quintero on November 25, 2023 at 2:32 pm
Dear Residents of Tree Oasis, I hope this blog post finds you in good humor, as it is with great delight that I address a matter of utmost importance to Florida residents and others residing amongst […]
- Who Pays the Costs to Prevent a Loss?by Chip Merlin on November 24, 2023 at 3:25 pm
When an insured incurs expenses to prevent a potential loss, a situation arises that raises equitable and traditional insurance principles versus language not found in non-marine property insurance […]
- A Thanksgiving Reflection for Policyholdersby Chip Merlin on November 23, 2023 at 11:00 am
As we gather around our tables this Thanksgiving, adorned with the traditional spread of turkey, stuffing, and pumpkin pie, it’s a time to reflect on what we are truly grateful for. For many of us, […]
- Church Mutual Is Not So Holy When It Comes to Good Faith Claims Practicesby Chip Merlin on November 22, 2023 at 2:09 pm
Do you remember the post, Church Mutual Found To Be Systematically Underpaying Claims By a Federal Judge and Engle Martin Grossly Underestimated the Loss? Guess who was found guilty of engaging in […]
- Insurance Commissioners and Regulators Need to Protect Policyholders From Disappearing Actual Cash…by Chip Merlin on November 21, 2023 at 11:00 am
Consider a scenario where a structure, such as a brand new home, is completely destroyed by a fire just a day after the homeowner moves in. In this instance, the replacement cost, which undeniably […]
- Federal Regulatory Recap: A Summary of Recent Rulemaking Actions Taken or Proposed Affecting the…by Anthony B. Cavender on November 15, 2023 at 3:12 pm
It is clear that these have been busy months for federal environmental regulators, especially those working at EPA, the federal departments and the Council on Environmental Quality. Even the […]
- Data Center Investment Opportunitiesby Robert G. Howard, Craig A. de Ridder and Cara M. MacDonald on November 13, 2023 at 5:41 pm
Due to the rapidly increasing amount of data generated and consumed on the internet, an opportunity exists for commercial real estate investors, lenders, developers, green energy providers and others […]
- Real Estate & Construction News Roundup (11/8/23) – New Handling of Homelessness, Decline in…by Pillsbury’s Construction & Real Estate Law Team on November 8, 2023 at 3:26 pm
Our latest roundup includes two large flood control projects in New Jersey, how residential REITs could benefit from higher interest rates, how the downfall of WeWork could cause expansive collateral […]
- Corporate Transparency Act’s Impact on Real Estate: Reporting Companies, Exemptions and…by Pillsbury’s Construction & Real Estate Law Team on October 30, 2023 at 7:49 pm
On October 23, 2023, colleague Andrew Weiner and Kevin Gaunt, counsel at Hunton Andrews Kurth, examined the Corporate Transparency Act (CTA), effective Jan. 1, 2024, and its impact on real estate […]
- Women’s Professional Sports Continues to Grow by Courts (and Rinks) and Boundsby Allan C. Van Vliet and Noa L. Clark on October 25, 2023 at 7:47 pm
Earlier this year, we wrote about the surging popularity of women’s soccer in the United States, and how the sport’s growth promised to open exciting new investment opportunities in markets […]
- Real Estate & Construction News Roundup (10/18/23) – Zillow’s New Pilot Program, Production…by Pillsbury’s Construction & Real Estate Law Team on October 18, 2023 at 10:57 pm
In our latest roundup, Netflix announces plans to open brick-and-mortar locations, NYU develops a way to examine buildings using drones, robots and AI, distressed U.S. commercial real estate hits a […]
- Real Estate & Construction News Roundup (10/11/23) – Millennials Struggle Finding Homes,…by Pillsbury’s Construction & Real Estate Law Team on October 11, 2023 at 3:23 pm
In our latest roundup, EV charging stations become more prevalent at commercial locations, home ownership becomes more difficult for younger Americans, Macy’s announces plans to build additional […]
- Real Estate & Construction News Roundup (10/04/23) – NFL Star Gets into Real Estate, DOJ Focuses…by Pillsbury’s Construction & Real Estate Law Team on October 4, 2023 at 3:53 pm
In our latest roundup, seller impersonation fraud becomes an issue in the United States, major retailers are closing over 3,000 stores nationwide, the Tampa Rays are set to construct a new $1.3 […]
- Lunar Natural Resources: A Tour of a New Horizonby Robert A. James on September 21, 2023 at 1:52 pm
With the success of the Chandrayaan-3 this August, India became the fourth country to land a spacecraft on the moon. Improved fabrication methods like 3D printing, plus larger-scale production of […]
- Tenant Rental Assistance Eviction Protection (Chapter 257) Re-enacted By Legislature and Gov. Healeyby Rich Vetstein on September 9, 2023 at 2:14 am
Non-payment Evictions Put On Hold Until Tenant RAFT Applications Are Denied/Approved Ignoring strong opposition from property owners, the Legislature and Gov. Healey have re-enacted a Covid-19 era […]
- Buying a Home: What to Know About An Appraisal Contingencyby Oppenheim Law on September 4, 2023 at 9:26 pm
If you are a homebuyer seeking a mortgage and the house you contract for appraises for less than the actual contract price, you need to fully evaluate whether to waive the so-called appraisal gap. […]
- You May Be Able to Extend Your Permit Expiration Dates Due to Hurricane Idalia – Here’s Howby Kathleen O. Berkey, AICP on August 30, 2023 at 7:42 pm
As Hurricane Idalia heads for Florida’s Gulf Coast, some property owners, developers, construction industry professionals, and other building permit- and authorization-holders may be eligible for […]
- The Calm Before The Stormby Oppenheim Law on August 22, 2023 at 8:53 pm
We are in a percolating real estate cycle which is clearly symbiotic with the economy. For some, the economy is going quite well. For example, those who have 401(k)s are generally impressed with how […]
- An Alternative to Traditional Lender Mortgages: Seller Financingby Oppenheim Law on August 4, 2023 at 8:28 pm
Are you a seller willing to provide a mortgage to a prospective home purchaser? Or, are you a residential home purchaser able to purchase a home for full price or even a higher offer and seek […]
- When Will the Housing Market Pick Up Again?by Oppenheim Law on July 25, 2023 at 12:49 pm
Why Is the Housing Market So Sluggish? There is a critical shortage of homes causing a weak housing market. Sales of pre-owned homes dropped 3.3% in June from May, and 18.9% lower than from June of […]
- Update: Opportunity To Extend Certain Permits Due to Hurricane Ian Continuesby Kathleen O. Berkey, AICP on July 13, 2023 at 1:07 pm
Section 252.363(1)(a), Florida Statutes (2023), as amended by Section 4, Chapter 2023-304, Laws of Florida (SB 250, which applies retroactively to September 28, 2022 and which was signed into law […]
- Florida’s Controversial New Law: Limitations of Foreigners Acquiring Real Propertyby Oppenheim Law on July 5, 2023 at 1:08 pm
As of July 1, 2023, Florida’s recently enacted legislation, SB264, restricts certain foreigners from buying or owning Florida real estate. Specifically, the new law, codified in Florida Statutes […]
- New Florida Law Restricting Certain Foreign Ownership of Real Propertyby Elana Friedman Polashuk on July 3, 2023 at 6:36 pm
On May 8, 2023, Governor Ron DeSantis signed into law Senate Bill 264, creating Part III of Chapter 692 (692.201-692.205) of the Florida Statutes “Conveyances to Foreign Entities”. This new law […]
- Gary C. Rosen Recognized by 2023 Florida Trend Legal Elite’s Notable Managing Partners Listby Gracie Kaplan-Stein on July 3, 2023 at 6:31 pm
- Becker Attorneys in Florida, New Jersey, and New York Recognized as 2022-2023 Super Lawyers and…by Gracie Kaplan-Stein on June 26, 2023 at 4:10 pm
- Zombie Mortgages & Potential Foreclosures by Oppenheim Law on June 6, 2023 at 10:31 pm
Many homeowners may have taken second mortgages, including home equity lines of credit, on their homes years ago, and thought that the underlying mortgage debt for such loans was forgiven. Other […]
- Quitclaim Deeds in Floridaby James Brown, Esq on May 24, 2023 at 6:40 pm
This article explains the importance of Florida quitclaim deeds, often used to transfer ownership interest in a property.
- Do cash homebuyers have an advantage?by Oppenheim Law on May 1, 2023 at 4:48 pm
Cash offers on homes have increased substantially over the last few years. In 2022, according to Redfin, 30% of all home sales were paid with all cash with 64% of all $1 million plus sales in Palm […]
- Florida’s Affordable Housing Lawby Oppenheim Law on April 13, 2023 at 7:47 pm
The Live Local Act is Florida’s response to the housing crisis affordable legislation, designed to provide developers with substantial tax breaks and hundreds of millions of dollars in funding. On […]
- “Is Private Judging Another Solution to Florida’s Court Backlog?” – Daily Business Reviewby Gracie Kaplan-Stein on April 5, 2023 at 4:20 pm
- Housing Court To Speed Up Eviction Cases and Shift To More In-Person Eventsby Rich Vetstein on April 4, 2023 at 12:45 am
New Rules Aimed At Reducing Pandemic Era Case Backlogs and Delays Are the old days of packed Thursday morning summary process sessions coming back? They just may be. With the expiration of a pandemic […]
- Back to the Financial Time Machine: Bracing for the 2023 Recessionby Oppenheim Law on March 28, 2023 at 11:14 pm
As the global economic landscape continues to devolve, it is crucial to draw upon the lessons learned from previous financial crises, much like Marty McFly’s thrilling time travel experiences in […]
- Best Home Deals? New Construction!by Oppenheim Law on March 13, 2023 at 7:39 pm
While there still are residential home buyers waiting to buy until mortgage rates lower and with home appreciation prices slowing, there are nevertheless opportunities for homebuyers in the new […]
- Boston Rent Control Bill Will Wreak Havoc In City’s Housing Marketby Rich Vetstein on March 9, 2023 at 9:55 pm
Wu Administration Misled Public On Details Of Plan: Corrupt Local Rent Control Boards Can Override Rent Increases, Lifetime Leases Allowed, Small Housing Providers Unfairly Targeted The Boston City […]
- “Commercial Real Estate: Predictions and Reflections 2023” – Practical Law Real Estateby Gracie Kaplan-Stein on March 1, 2023 at 4:04 pm
- Worcester Area Couple Evicted For 14th Time, Leaving Trail of Unpaid Judgments and Moving Bills For…by Rich Vetstein on February 2, 2023 at 11:59 am
In my 25 years of law practice, I’ve seen a lot of crazy stuff, but this recent eviction case may top my list of “Professional Tenants.” With 14+ evictions, a slew of larceny charges on their […]
- Doctrine of Merger in California Real Estate – Owning adjoining parcels may eliminate an easement…by Law Office of James J. Falcone on January 23, 2023 at 4:30 pm
The Doctrine of Merger in California real property law provides that when a greater and lesser estate are vested in the same person, the lesser estate may merge into the greater estate and the lesser […]
- Rent Control: Coming To A Boston Rental Property Near You?by Rich Vetstein on January 19, 2023 at 2:35 pm
Boston Mayor Michelle Wu Preparing To File Comprehensive Rent Control and Just Cause Eviction Bill Update (3/8/23): Learn About The Disastrous Rent Control Bill Passed By Boston City Council […]
- SJC Gives Country Club A Mulligan From $5 Million Jury Award In Errant Golf Ball Caseby Rich Vetstein on January 17, 2023 at 9:20 am
High Court Rules That Trial Judge Improperly Instructed Jury On Golf Course Property Easement, Covenants and Restrictions In a case which has received national attention and a People Magazine […]
- Double Dipping By Cummings Properties Not Allowed In Commercial Lease Disputeby Rich Vetstein on December 7, 2022 at 4:22 pm
Appeals Court Rules That Liquidate Damages Clause Is Unenforceable Where It Allowed For Recovery of Rent For Remaining Term On Top of Rent Received From New Tenant If you enjoyed the famous Seinfeld […]
- Asessor Parcel Numbers (APN) Cannot Always be relied on in Legal Descriptions – the Rules Involvedby Law Office of James J. Falcone on November 16, 2022 at 6:47 pm
Assessor’s Parcel Numbers are usually included in the legal description of a deed. But that does not always work; there are times when the APNs do not exactly describe the individual parcel. The […]
- Becker Attorneys in Florida, New York, and New Jersey Recognized as 2022 Super Lawyersby John Eischeid on September 30, 2022 at 9:03 pm
- Easements for Road Use – When the Owner Can Can Make Improvements on the Unused Portion of the…by Law Office of James J. Falcone on September 26, 2022 at 3:13 pm
Easements for road purposes are common in California. But what happens when the width of the granted easement is far greater than the road actually used by the easement holder? In a decision out of […]
- 2023 Edition of The Best Lawyers in America Recognizes 33 Becker Attorneysby John Eischeid on August 19, 2022 at 8:37 pm