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First Circuit rules that an offensive odor can constitute physical injury to property
- Choate Hall & Stewart LLP
- -
- USA
- -
- April 23 2009
The US Court of Appeals for the First Circuit recently ruled that an offensive odor can constitute physical injury to property in a commercial general liability policy under Massachusetts law
Fourth Circuit Court of Appeals rules that Ordinance or Law Sublimit in property policy does not expand limits beyond the specified per location limits
- Hunton & Williams LLP
- -
- USA
- -
- August 1 2007
The Fourth Circuit Court of Appeals, interpreting Virginia Law, has held that an Ordinance or Law Provision Sublimit in a first property insurance contract did not provide an amount of insurance in addition to the scheduled per location limit
Do you still have title and other insurance on your house and other real property?
- Loeb & Loeb LLP
- -
- USA
- -
- May 19 2009
While not a tax issue per se, the problem discussed here often arises as a result of transfers of real property that were made for income or estate tax planning purposes
Duty to defend not triggered by allegations outside professional services coverage
- Wiley Rein LLP
- -
- USA
- -
- May 6 2008
The United States District Court for the District of Colorado, applying Colorado law, has held that allegations in several lawsuits brought against a real estate investment trust did not trigger the insurer's duty to defend the trust under miscellaneous professional liability policies that covered the provision of professional services
Court casts doubt on effectiveness of additional insurance coverage
- Lowenstein Sandler PC
- -
- USA
- -
- May 28 2009
Property owners routinely require their contractors to name them as an "additional insured" on the contractor’s insurance policy before allowing any construction or maintenance work to be performed
Mortgage lenders sued in federal class action lawsuit questioning order of Katrina loss payments
- Edwards Wildman Palmer LLP
- -
- USA
- -
- June 9 2008
A federal class action lawsuit was filed recently against a number of mortgage companies and other lending institutions in the Eastern District of Louisiana
New York High Court affirms that earth movement and settlement exclusions contained in a commercial property policy do not exclude coverage for damage caused by improper excavation
- Hunton & Williams LLP
- -
- USA
- -
- June 11 2009
The New York Court of Appeals held, in Pioneer Tower Owners Association v. State Farm Fire & Casualty Company et al., No. 63, 2009 WL 1148649 (Apr. 30, 2009), that an insurance policy’s earth movement and settling or cracking exclusions did not preclude coverage for property damage caused by excavation on an adjacent lot, even where that excavation resulted in a partial collapse of the insured property
Federal court in Idaho holds coverage barred under real estate liability policy, but insurer not entitled to reimbursement of defense expenses
- Wiley Rein LLP
- -
- USA
- -
- August 19 2008
The U.S. District Court for the District of Idaho has held that a real estate liability policy afforded no coverage for an underlying action brought against the insured-real estate listing agent by real estate purchasers
Fifth Circuit upholds dismissal of claims against insurance agent based on Louisiana’s one-year statute of limitations
- Edwards Wildman Palmer LLP
- -
- USA
- -
- February 29 2008
The United States Court of Appeals for the Fifth Circuit recently upheld the dismissal of a claim by two individuals against an insurance agent who sold them renters’ insurance because they failed to file their claim within one-year after they learned about, or should have known, the facts that gave rise to their claim
Federal Court in Idaho holds coverage barred under real estate liability policy, but insurer not entitled to reimbursement of defense expenses
- Wiley Rein LLP
- -
- USA
- -
- September 10 2008
The United States District Court for the District of Idaho has held that a real estate liability policy afforded no coverage for an underlying action brought against the insured real estate listing agent by real estate purchasers
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- Workarea - Commercial Property

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