As most of you probably already know, there’s a demon lurking out there in takings claims. Not of the Levon Helm-narrated The Right Stuff variety, but maybe just as deadly in litigation.
That’s right, the too-early-or-too-late thing (or in some
The Ninth Circuit asked the California Supreme Court to address whether the policy’s virus exclusion was enforceable to preclude coverage for business income losses due to the present of COVID-19 at the insured’s properties. French Laundry Partners LP
Check this out, a recently-filed cert petition in a case we’ve been following, filed by our friends and colleagues at the Institute for Justice. This one involves an issue we’ve been on top of also, most recently in these
Interpreting Massachusetts law, the federal district court determined consequential damage resulting from the insured’s faulty work triggered a duty to defend. Capitol Spec. Ins. Corp. v. Dello Russo Enter. LLC, 2023 U.S. Dist. LEXIS 11627 (D. Mass. Jan.
There’s a lot to digest in the 36-page Order of the U.S. District Court for the Southern District of Florida in case that mostly concerns the validity of an exaction a small property owner was required to pony up in
A short one today from the Wisconsin Court of Appeals.
In Sojenhomer LLC v. Village of Egg Harbor, No. 2021AP1589 (Mar. 14, 2023), the court held that when a statute prohibits the use of eminent domain to acquire property
The Massachusetts Supreme Judicial Court’s recent opinion in Church of the Holy Spirit of Wayland v. Heinrich, No. SJC-13326 (Mar. 14, 2023) isn’t our usual takings-and-related fare, but it is straight-up Dirt Law and a bit land-usey so we’re
In a case involving the sealing of records generated by an insurance company, the Hawaii Intermediate Court of Appeals found that communications between the insurer and its in-house counsel were not privileged and should not be sealed. Roy
If a zoning statute or ordinance sets out permitted uses in a zone, and uses that are not permitted in the zone, and a property owner wants to make a use not permitted in the zone, all she needs to
The court found that the insured’s request for an appraisal was timely and ordered the insurer to participate. Cloisters of Naples, Inc v. Landmark Am. Ins. Co., 2023 U.S. Dist. LEXIS 6884 (M.D. Flag. Jan. 13, 2023).