Another Tool in the Fight in Construction Defects

Advise & Consult, Inc. – October 4, 2012 It has become pretty common to see advertising on TV and radio for CarFax, a tool that would be used car buyers can use to find out what, if anything, has happened to that particular car prior to them purchasing that car. They can find out if… Continue reading Another Tool in the Fight in Construction Defects

Ten Steps to Prevent Mold Problems & Lawsuits in Rental of Residential & Commercial Real Estate

Phillip Fry – June 20, 2012 Real estate residential and commercial landlords, tenants, and rental agents in the USA, Canada, and worldwide should take ten steps to prevent mold problems and mold litigation in the rental of real estate properties, according to mold expert Phillip Fry, Certified Environmental Hygienist, Certified Mold Inspector, Certified Mold Remediator,… Continue reading Ten Steps to Prevent Mold Problems & Lawsuits in Rental of Residential & Commercial Real Estate

Managing Soil Vapor Intrusion Risks In Real Estate Transactions

In 1989, after years of investigation and study, the U.S. EPA (“EPA”) finally selected a remedy for the Middlefield-Ellis-Whisman (“MEW”) area in Mountain View, California, one of the largest Superfund sites in the country. Five years later, the EPA concluded that the remedy at MEW was not adequate to prevent the migration of contaminated vapors… Continue reading Managing Soil Vapor Intrusion Risks In Real Estate Transactions

Exclusion Bars Coverage for Claims Against Lawyer Acting as a Mortgage Broker

The Appellate Court of Connecticut, the state’s intermediate court of appeals, has held that a lawyers professional liability policy excluded coverage for claims against a lawyer in his capacity as the owner of a mortgage brokerage for alleged breaches of duty in arranging and closing loans and real estate purchases.  Lancia v. State Nat’l Ins.… Continue reading Exclusion Bars Coverage for Claims Against Lawyer Acting as a Mortgage Broker

Exclusions in Real Estate E&O Policy Foreclose Duty to Defend

April 9, 2012 Applying Alabama law, a federal district court has rejected a real estate management company’s claim that its insurer owes it a duty to defend underlying claims under a real estate errors and omissions policy.  Cont’l Cas. Co. v. HomeCorp Mgmt., Inc., 2012 WL 1067974 (M.D. Ala. Mar. 29, 2012).  The court held… Continue reading Exclusions in Real Estate E&O Policy Foreclose Duty to Defend

%d bloggers like this: