- Church Forced to Trial to Obtain Insurance Benefits for Roof Lossby Chip Merlin on July 27, 2024 at 10:00 am
The one thing that I almost universally hear when church members approach me for help in an insurance dispute is, “We never thought we would have to hire an attorney to obtain our insurance […]
- Update Regarding Patronis Letter to Donald Trumpby Chip Merlin on July 26, 2024 at 9:02 pm
The post, “Can Donald Trump Fix Florida’s Insurance Problems? Can the Federal Government or the President Fix State Insurance Problems?” resulted in two readers forwarding relevant information […]
- Can Donald Trump Fix Florida’s Insurance Problems? Can the Federal Government or the President…by Chip Merlin on July 26, 2024 at 10:00 am
Rick Tutwiler texted me a letter that Florida’s Chief Financial Officer wrote to Donald Trump asking Trump to solve Florida’s and the national insurance crisis. I have noted Rick in this blog: […]
- Drew Houghton Featured in Hail Damage Webinar Todayby Chip Merlin on July 25, 2024 at 10:00 am
Oklahoma City is hail-damage central. Drew Houghton from Oklahoma City is as experienced as any attorney in the United States regarding hail damage, hail damage claims, and hail damage litigation […]
- Bad Faith by Your Insurer? When Do You Have to File a Bad Faith Lawsuit?by Daniel Veroff on July 24, 2024 at 10:00 am
In Rosenberg-Wohl v. State Farm Fire & Cas. Co., No. S281510, 2024 WL 3449266 (Cal. July 18, 2024), the California Supreme Court ruled that the statute of limitations to file a lawsuit for an […]
- Montana Recognizes Insurance Bad Faith and Does Not Permit Wrongful Insurance Company Claims…by Chip Merlin on July 23, 2024 at 10:00 am
Montana protects policyholders and its citizens from bad faith and unfair claims practices made by wrongfully acting insurance companies. Numerous reputable Montana licensed attorneys explain the law […]
- Balancing Cybersecurity Threats in Smart Cities: Is the Potential Convenience of “Smart”…by James P. Bobotek and Brian E. Finch on July 22, 2024 at 8:55 pm
The term “smart cities” has become popular parlance for municipalities’ attempts to enhance delivery of urban services and infrastructure through information and communications technology. […]
- How Does Iowa Treat Late Reporting of a Property Insurance Loss? A Lesson How to Investigate and…by Chip Merlin on July 22, 2024 at 10:00 am
Iowa law mandates prompt notice of property insurance loss or damage to insurers if the policy requires such notice. Under Iowa law, if an insured fails to provide prompt notice as required by the […]
- Iowa Bad Faith Law—Can Iowa Policyholders Hold Insurers Accountable for Wrongful Claims Conduct?by Chip Merlin on July 21, 2024 at 10:00 am
First-party bad faith is a well-established common law cause of action in Iowa that allows insureds to hold their insurance companies accountable for unreasonable claim denials or delays. Iowa has […]
- Steve Patrick Endorses Chris Voss and Never Split the Differenceby Chip Merlin on July 20, 2024 at 9:43 am
I spent several hours one-on-one with Steve Patrick of Level the Playing Field this week. I listened intently to Steve explaining how he came into the insurance claim business and other businesses […]
- How Much Is Flood Insurance in Florida?by Jimmy DePalo on July 19, 2024 at 6:39 pm
Rising sea levels and the growing frequency of dangerous hurricanes have made the homeowners insurance market in Florida significantly more turbulent of late; which is why it’s natural for people […]
- A Warning to Policyholders About the Vital Role of Disclosure During the Insurance Application…by Derek Chaiken on July 19, 2024 at 10:00 am
I often get calls about denied claims that are sadly dead on arrival. Most of the time, it is when a claim is denied because a material misrepresentation was made when filling out the application. […]
- The Manipulation of the Appraisal Processby William "Trey" Flournoy on July 18, 2024 at 10:00 am
An appraisal can be an excellent way to resolve an “amount of loss” dispute between an insurer and a policyholder. It is intended to be a neutral and independent process, and that is what makes […]
- Real Estate & Construction News Roundup (7/17/24) – Housing Inflation to Remain High, Proptech…by Pillsbury’s Construction & Real Estate Law Team on July 17, 2024 at 8:00 pm
In our latest roundup, construction backlog to see positives signs, regional banks to be conservative on buybacks, U.S. metro areas to permit few new housing units, and more! Venture capital […]
- A Ticking Time Bomb: HOA Covenants Across Massachusetts May Have Silently Expiredby Rich Vetstein on July 13, 2024 at 3:23 pm
Hundreds of Massachusetts Homeowner’s Association (HOA) Covenants, Conditions and Restrictions (CCR’s) May Be Void and Unenforceable After a homeowner balked about paying a late fee, I was […]
- Real Estate & Construction News Roundup (7/10/24) – Strong Construction Investment in Data…by Pillsbury’s Construction & Real Estate Law Team on July 10, 2024 at 3:20 pm
In our latest roundup, renters stay in their units longer, GenAI change how commercial real estate operates, and banks continue high exposure due to commercial real estate. Strong investor interest, […]
- Real Estate & Construction News Roundup (7/2/24) – Increase in Commercial Property Vacancy Rates,…by Pillsbury’s Construction & Real Estate Law Team on July 2, 2024 at 6:42 pm
In our latest roundup, the evolution of stadium construction, an increase in legal and legislative action affecting the multifamily sector, and growing concerns for owners of office space. The […]
- Real Estate & Construction News Roundup (6/26/24) – Construction Growth in Office and Data Center…by Pillsbury’s Construction & Real Estate Law Team on June 26, 2024 at 4:28 pm
In our latest roundup, U.S. interest rates remain uncertain, construction firms continue to use artificial intelligence, New York City updates commercial zoning regulations, and more! According to […]
- Real Estate & Construction News Roundup (6/18/24) – Cannabis’ Effect on Real Estate, AI’s…by Pillsbury’s Construction & Real Estate Law Team on June 18, 2024 at 7:17 pm
In our latest roundup, hotel-to-apartment conversions take big leap, state governments pass squatting legislation, US regional banks risk having debt ratings downgraded, and more! Reclassifying […]
- Lithium for Batteries from Geothermal Brineby Robert A. James, Sidney L. Fowler and Clarence H. Tolliver on June 10, 2024 at 9:01 pm
If all goes as planned, solar, wind and other clean energy technologies will help us abandon carbon emissions for good. But many green power sources perform their best only when nature cooperates, so […]
- Real Estate & Construction News Roundup (6/4/24) – New CRE Litmus Tests, Tech Integration in Real…by Pillsbury’s Construction & Real Estate Law Team on June 4, 2024 at 9:05 pm
In our latest roundup, big bank exposure to CRE lending grows, concerns for the construction industry abound, U.S. hotel securitized loans come due, and more! At some of the world’s biggest banks, […]
- Real Estate & Construction News Roundup (5/29/24) – Megaprojects on the Rise, Agency Guidance for…by Pillsbury’s Construction & Real Estate Law Team on May 29, 2024 at 3:42 pm
In our latest roundup, summer travelers seek alternative lodging options, purpose-built wellness real estate investments grow, bonds backed by CRE debt hit are hit with losses, and more! Across all […]
- Real Estate & Construction News Roundup (5/22/24) – Federal Infrastructure Money, Hotel…by Pillsbury’s Construction & Real Estate Law Team on May 22, 2024 at 6:59 pm
In our latest roundup, Virginia’s governor signs two bills into law, $929 billion in outstanding commercial mortgages come due, banks prepare for delinquencies related to office space, and more! […]
- When a Real Estate Agent Acting as Referee in California Partition is Immune from Lawsuits –…by Law Office of James J. Falcone on April 29, 2024 at 4:33 pm
In California, a Partition action is used to resolve disputes between property owners, and results in sale of the property or physical division. The most common result is a judicial sale of the […]
- The Massachusetts Lis Pendens: The Definitive Guide For Lawyers and Clientsby Rich Vetstein on January 21, 2024 at 8:30 pm
A Massachusetts Real Estate Litigator Talks About Lis Pendens Basics, Strategy, and Pro Tips. Recently, I gave a well attended webinar for the Real Estate Bar Association on a subject that is near […]
- An Exception to the Due on Sale Clause – Sale from Parent to Child Using An All-Inclusive or…by Law Office of James J. Falcone on November 30, 2023 at 4:10 pm
An all-inclusive deed of trust (“AITD”) is used when the seller will be financing part of the selling price, and the buyer will also take subject to the existing deed of trust. The seller remains […]
- 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 […]
- 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 […]
- 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 […]
- 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 […]
- 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 […]
- A Notice of Action (Lis Pendens) May be Recorded in a Constructive Trust Action – What it Takesby Law Office of James J. Falcone on August 1, 2022 at 3:35 pm
A Notice of Action, also known as Lis Pendens (Latin for “a suit pending”), may be recorded in a lawsuit that involves title to real property. Because this will prevent sale or refinancing of the […]
- Easements for Road Access – Is Parking Necessarily Included?by Law Office of James J. Falcone on July 25, 2022 at 3:30 pm
What if you had an easement to place roads across property to access your own, and you then developed your property into a shopping center. Could you include parking spaces in the easement area? A […]
- Prescriptive Easement on Property Held By a Tenant – When it Works Against the Actual Ownerby Law Office of James J. Falcone on July 18, 2022 at 3:50 pm
Under California real estate law a prescriptive easement requires the trespasser showing that they have used the property “for the statutory period of five years, which use has been (1) open and […]
- Evictions Remain A “Lose-Lose” For Massachusetts Landlords: A Case Studyby Rich Vetstein on June 2, 2022 at 1:40 pm
Recent Case Shows Fundamental Flaws Remain In The Housing Court Eviction System I recently concluded an eviction with a forced moved out in Dorchester, MA, which epitomizes everything that is wrong […]
- 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 […]
- Boston Eviction Moratorium Will End On February 28, 2022, Appeals Court Single Justice Rules, But…by Rich Vetstein on February 15, 2022 at 1:30 pm
Appeals Court Justice Joseph M. Ditkoff Rules Boston Eviction Moratorium Must End On February 28, 2022, But Questions Remain Whether City Will Enact New Tailored Moratorium The legal challenge to the […]
- Joint Housing Committee To Hear Controversial Housing Stability Act, Rent Control, And Other Tenant…by Rich Vetstein on January 6, 2022 at 4:09 pm
LINK TO VIRTUAL HEARING LIVESTREAM CLICK HERE The Massachusetts Legislature’s Joint Committee on Housing will hold a virtual hearing and take testimony on 20 controversial Landlord-Tenant bills on […]
- Outside Reverse Veil Piercing in California – Factors Consideredby Law Office of James J. Falcone on December 30, 2021 at 4:28 pm
Outside reverse veil piercing differs from traditional veil piercing, which is permitted due to the “‘The alter ego doctrine prevents individuals or other corporations from misusing the corporate […]
- Specific Performance, Lis Pendens, and The Special Motion to Dismiss: Enforcing and Defending Real…by Rich Vetstein on December 28, 2021 at 5:57 pm
The Difference Between Winning and Losing A Real Estate Contract Lawsuit I have handled countless cases enforcing and defending real estate contracts, particularly involving Offers to Purchase and […]
- Judge Rebuffs Mayor Wu’s Attempt to Resurrect Boston Covid-19 Eviction Moratoriumby Rich Vetstein on December 23, 2021 at 12:59 pm
Mayor Wu Loses Again In Housing Court; City Eviction Moratorium Remains Unlawful and Evictions Can Move Forward (For Now) For the second time in a month, Housing Court Justice Irene Bagdoian has […]
- Boston Eviction Moratorium Struck Down By Housing Courtby Rich Vetstein on November 30, 2021 at 4:25 am
Housing Court Justice Irene Bagdoian Rules That Boston Covid-19 Eviction Moratorium Exceeded Public Health Emergency Powers Updated (Dec. 23, 2021): Judge Denies Stay of Ruling Pending Appeal In […]
- Legal Challenge Filed Against City of Boston Eviction Moratoriumby Rich Vetstein on October 29, 2021 at 3:21 pm
Lawsuit Filed On Behalf of Elderly Mattapan Homeowner Owed $29,000 in Rent, and Local Constable Updated (Nov. 29, 2021) — Housing Court Justice Irene Bagdoian Strikes Down Boston Eviction […]
- City of Boston Enacts Legally Dubious Eviction Moratoriumby Rich Vetstein on September 2, 2021 at 3:24 pm
After CDC Moratorium Struck Down by U.S. Supreme Court, Acting Mayor Janey Imposes Local Residential Eviction Moratorium Through Boston Public Health Commission Update (Oct. 29, 2021): Mattapan […]
- BREAKING: U.S. Supreme Court Strikes Down CDC Eviction Moratoriumby Rich Vetstein on August 27, 2021 at 2:31 am
6-3 Ruling Puts End to Nationwide Residential Eviction Moratorium In a late night “shadow docket” ruling, the U.S. Supreme Court’s conservative majority struck down the controversial nationwide […]