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Coverage for Direct Physical Loss Does Not Necessarily Include “Matching” or Require “Aesthetic Uniformity”
  • Carlton Fields
  • USA
  • January 29 2016

When a property insurance policy covers a multi-story building or multi-building property, and a portion sustains damage, there is often a question

Court affirms judgment for insurer invalidating AOB
  • Butler Weihmuller Katz Craig LLP
  • USA
  • January 28 2016

Butler has been at the forefront of defending insurers against the tidal wave of assignment of benefit ("AOB") litigation that has hit Florida over

Real Property, Financial Services & Title Insurance Update: Week Ending January 22, 2016
  • Carlton Fields
  • USA
  • January 26 2016

Providing a notice of the assignment of mortgage loan, as required by section 559.715, Florida Statutes, is not a condition precedent to filing a

Real Property, Financial Services & Title Insurance Update: Week Ending January 15, 2016 (and bonus opinion from January 20)
  • Carlton Fields
  • USA
  • January 22 2016

Florida Supreme Court amended Florida Rule of Civil Procedure 1.115 and Forms 1.944 and 1.996 to conform with 702.015, Fla. Stat. (2015) and

Texas Rule Change: Supreme Court Holds Loss of Use Damages Are Recoverable Where Property Total Loss
  • Cozen O'Connor
  • USA
  • January 15 2016

In J & D Towing, LLC v. American Alternative Insurance Corporation, No. 14-0574, 2016 WL 91201 (Tex. Jan. 8, 2016), the Texas Supreme Court

Real Property, Financial Services & Title Insurance Update: Weeks Ending January 1 & 8, 2016
  • Carlton Fields
  • USA
  • January 14 2016

Appellants that were granted a statutory easement by way of necessity were not entitled to attorney’s fees pursuant to Florida Statutes, Section 704

Risky business: Covenants to insure in commercial leases
  • Clyde & Co LLP
  • Canada, USA
  • January 5 2016

Covenants to insure in commercial leases are special. They obligate a party to obtain insurance. But what makes them special is that they are

After Pit Bull Case, Questions Dog New York’s “Unfortunate Event” Test
  • Carlton Fields
  • USA
  • December 30 2015

Where an insurance policy contains a "per occurrence" limit on coverage, New York courts apply what they call the"unfortunate event" test to

The Gift of the Magistrate: An Insured Jeweler Gets a Jury for the Holidays
  • Carlton Fields
  • USA
  • December 24 2015

A jeweler was insured against the "physical loss" of its property, except when the property was sold under a "deferred payment" agreement, or when

To Stay or Not to Stay That Is the Question
  • Carlton Fields
  • USA
  • December 23 2015

In the insurance arena, courts are often confronted with simultaneous lawsuits involving the same, or almost the same, parties. In the "underlying